Project Synopsis
Project applicant Lead Agency
Town of San Anselmo
Planning Department
525 San Anselmo Avenue
San Anselmo, California 94960
Email: [email protected]
Phone: 415-258-4617
Lead Agency Contact
Heidi Scoble, Planning Director
ATTACHMENT 19 1634
Town of San Anselmo Housing Element Update 6
Initial Study
1.0 INTRODUCTION
In accordance with the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations [CCR], Title 14, §15000 et seq.), this Initial Study has been prepared to evaluate the potential environmental effects associated with the Town of San Anselmo's (Town) Housing Element Update (HEU), which represents the Town’s policy program for the 2023 – 2031 6th Cycle planning period.
The Housing Element is one of several State-mandated General Plan elements and is included in the Town’s General Plan. The purpose of the HEU is to identify and plan for existing and projected housing needs.
This analysis includes:
• The description of the proposed project and appropriate project vicinity maps. • An evaluation of the project’s potential environmental impacts. • Key findings related to the analysis of 20 predetermined environmental features; and, For purposes of the CEQA review and compliance, the Town of San Anselmo (Town) serves as the Lead Agency. In accordance with the State CEQA Guidelines, the Town has the authority for environmental review and certification of all environmental documentation.
This Initial Study is intended to be used as a tool to inform the Town and community while reviewing and considering further action on the proposed project. The Town of San Anselmo and lead decision makers may elect to use this environmental analysis for discretionary actions associated with the project implementation.
In each planning cycle, the California Department of Housing and Community Development (HCD) determines the Regional Housing Needs Assessment (RHNA) by income level for each region’s Council of Governments (COG). For the San Francisco Bay Area, the Association of Bay Area Governments (ABAG) allocates each jurisdiction’s share of potential housing sites. The Housing Element is required to identify potential candidate housing sites by income category to meet the Town’s RHNA allocation.
The proposed HEU supports the Housing Policy Plan, which addresses the Town’s identified housing needs and includes goals, policies, and programs concerning housing and housingrelated services, as well as the Town’s approach to addressing its share of the regional housing ATTACHMENT 19 1635
Town of San Anselmo Housing Element Update 7
Initial Study
need for the 6th Cycle planning period. The proposed project includes 833 new housing units located on 172 potential sites that comprise 70.435 acres of land.
Summary of Findings
As set forth in State CEQA Guidelines Section 15070, a public agency can prepare or have prepared an Initial Study leading to a Negative Declaration (IS/ND) or a Mitigated Negative Declaration (IS/MND) for a project subject to CEQA when:
a) The initial study shows no substantial evidence, considering the whole record before the agency, that the project may have a significant effect on the environment, or b) The initial study identifies potentially significant effects, but 1) Revisions in the project plans or proposals made by, or agreed to by the applicant before the proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and 2) There is no substantial evidence, considering the whole record before the agency, that the project as revised may have a significant effect on the environment.
Based on the Environmental Checklist Form and supporting environmental analysis completed for the proposed project, the project would have “no impact” or a “less than significant impact” on the following environmental issue areas:
• Aesthetics
• Agricultural and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
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• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfires
No environmental features were assessed and found to be significantly impacted by this project.
Report Organization
This document has been organized into the following sections:
Section 1.0 – Introduction. This section provides an introduction and overview describing the conclusions of the Initial Study.
Section 2.0 – Project Description. This section provides the essentials of this project including the location, project summary and a discussion of the 6th Cycle Housing Element Update.
Section 3.0 – Initial Study Environmental Checklist and Evaluation. This section describes the environmental setting and evaluates the potential impacts that may result from project implementation.
Section 4.0 – Supporting Documentation. The section identifies resources used to prepare the Initial Study and contains a list of Acronyms and Abbreviations used throughout this document.
2.0 PROJECT DESCRIPTION
2.1 Project Location
The Town of San Anselmo is an incorporated town located in southeast Marin County. It is approximately 20 miles north of the City and County of San Francisco. The Town is bordered by San Rafael and Highway 101 to the east, Fairfax to the west, and Ross to the south. The Town is dominated by views of the Ross Valley. To the north are Red Hill and Grove Hill. To the southwest is Bald Hill. To the east is Moore Hill and in the distance to the south is Mount Tamalpais – often considered to be a symbol of Marin County. Oakland (OAK) Airport is 26.4 miles away and San Francisco (SFO) Airport is 26.7 miles from the Town.
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San Anselmo, sometimes referred to as the “Hub”, is at the juncture of major arterials leading from the Greater Bay Area and Marin County urban centers to West Marin’s bucolic agricultural and coastal communities. The Regional Location Map in Figure 1 depicts the Town’s central location among developed areas of the County, and its key position in the region.
The Town of San Anselmo (Town), nestled at the base of Mt. Tamalpais in Marin County, California, is home to about 13,000 residents. The Town’s resilient economy survived the Great Recession, periodic floods, and growing competition from regional and Internet retail.
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Town of San Anselmo Housing Element Update 10
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Figure 2.1 - Regional Context Map – Marin County, with Town of San Anselmo indicated in red San Anselmo
Marin County
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Figure 2.2 - Town of San Anselmo Existing Land Use and Building Footprints ATTACHMENT 19 1640
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Local Context
The primary land use goal for San Anselmo is the conservation of the small-town character of the community and its close relationships with the natural beauty of its setting, according to the Town’s General Plan. San Anselmo desires to remain a small-town community and will be an alternative for those seeking refuge from San Francisco as in days past. Young and growing families move to San Anselmo looking for a less intense urban environment to raise children, access to high-quality schools, and proximity to recreation. While many residents continue to commute to high-paying jobs in the San Francisco financial center, Marin County businesses founded by entrepreneurial residents attracted by the region’s amenities have created thriving local industries in the areas of health care and biotech, tourism, music, and film.
The Town has few vacant lots available for development and is largely “built out.” According to the Town’s General Plan, conservation efforts will focus on preservation of steep slopes and ridges especially for the aesthetic value. Additional efforts will focus on preserving the Town’s neighborhood character, image, and quality of life. Reducing the impacts of flooding and limiting the development in the flood plain, redeveloping vacant school properties are also priorities.
The Town has, and will continue to have, smaller scale commercial development. Commercial lots range from 1,000 square feet to 4.5 acres, with the average lot size approximately 15,000 square feet in the general commercial areas.
In the oldest part of the Downtown area, the average lot size is around 5,500 square feet.
Downtown San Anselmo has managed to retain much of the original character of its buildings, although many of the facades have been modified over time. The Town’s downtown has evolved from a railroad hub and older traditional town center into a vital retail center. Key challenges are typical to similar destinations and include items like convenient and plentiful parking are sometimes hard to find during peak periods. More significant challenges revolve around San Anselmo Creek. The areas surrounding this significant waterway are subject to flooding. San Anselmo is wrestling with solutions to periodic floods that create considerable damage, including damage to downtown. The Town is pursuing projects to reduce the flooding risk and works with businesses to install and maintain flood control gates.
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2.2 Project Description
This project consists of the comprehensive HEU for the Town of San Anselmo. The Housing Element is a State-required element to the Town of San Anselmo’s General Plan. The HEU provides a policy framework for the Town to meet the needs, availability, and adequacy of housing. Pursuant to Regional Housing Needs Assessment (RHNA) the HEU will provide a framework and pathway for the development of housing to meet the Town’s need through the year of 2031, as established by the State of California and identifies the rezoning and redevelopment strategies needed to reach the housing capacity required by the assessment.
This HEU will inform the period of 2023-2031 and serves these purposes:
• Compliance with California State Law’s requirement that all cities and counties maintain an updated General Plan with Housing as one of the required elements • Meet the required housing unit increase identified in the sixth cycle Regional Housing Needs Allocation (RHNA) including a “no Net Loss” buffer to ensure compliance with meeting RHNA
• Affirmatively further fair housing and identify potential environmental justice and social equity issues to support positive economic, educational, and health outcomes for lowincome families—particularly long-term outcomes for children • Bring the General Plan into conformance with recently enacted State laws ATTACHMENT 19 1642
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• Include consideration of recent State Housing Legislation that removes barriers and streamlines the processes for new housing
This Initial Study considers 151 candidate housing parcels comprised of existing lots on approximately 45.45 acres within the Town’s boundaries; see Figure 3.0: Candidate Housing Sites Inventory.
The RHNA requires that the Town plan for and accommodate 833 net new housing units affordable to four specified income categories. To meet this increased housing unit identification requirement, the Town is amending the zoning code to allow for housing unit increases on 151 identified Housing Opportunity Sites (see Figure 2.0). The means for accommodating this increase in housing unit sites is to increase allowable housing unit density on selected parcels according to their zoning district. The extent of density increase varies. For instance in the commercial districts C-L and C-3, the allowable density would increase from 20 to 30 dwelling units per acre.
These changes impact 45.26 acres of land which is approximately 3% of the land area that makes up the Town’s boundary. Many of the Housing Element opportunity sites are along major arterial roads. This will create increased opportunities for a “mixed-use” development pattern close to transit corridors. Residential uses will be broadly mixed with commercial and other uses that will permit strategic access to all areas including main public transit routes.
Residents will have a variety of transportation options and easy access to a variety of community services.
The HEU establishes a variety of policies, programs, and actions to facilitate the development of housing. As such, the adoption of the HEU will also include General Plan and Zoning Code amendments. The Zoning Code amendments are listed in Appendix D and includes the following:
• General Plan Land Use Element amendments
• General Plan Housing Element to repeal and replace the 2015 adopted Housing Element • General Plan Land Use Designation Map Amendments
• Zoning Code Map amendments
• Zoning Code Land Use and Definition Amendments
• Zoning Code Development Standards Amendments
• Zoning Code Parking Amendments
• Zoning Code Conditional Use Permit Amendments
ATTACHMENT 19 1643
Town of San Anselmo Housing Element Update 15
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Figure 2.3 - Town of San Anselmo Housing Element opportunity sites ATTACHMENT 19 1644
Town of San Anselmo Housing Element Update 16
Initial Study
2.3 General Plan Designation
This work is an update of the HEU for the planning period of 2023 to 2031 of the San Anselmo General Plan. The Housing Element includes an assessment of housing needs and lays out policies for meeting those needs.
2.4 Background and Project Objectives
The Housing Element Law, enacted in 1969, mandates that local governments in California adequately plan, and meet the anticipated housing needs of their communities. These needs must be provided through the Housing Element. The Housing Element will ensure there are opportunities for suitable housing across all segments of the community. The Housing Element Law also requires that the Housing Element be updated every eighth year and mandates that the effort also reflects the most recent economic trends as well as demographic conditions.
The State of California Department of Housing and Community Development requires that this HEU for the Town to be adopted by January 30, 2023. The HEU will be in effect through 2031.
As required by the State of California Housing and Community Development, the HEU addresses new State mandated requirements. One such requirement is the 6th cycle Regional Housing Needs Allocation. The 6th cycle RHNA is significant for the entire region. This HEU would require significant efforts to identify additional sites with sufficient capacity for the increased RHNA, taking into consideration the adequate sites requirements under new Housing Element laws (SB 166, AB 1397, etc.).
This effort will also adequately address Government Code Section 65583.2(g)(3) which requires that communities supply replacement unit opportunities on certain sites identified in the overall Inventory of Sites.
This Initial Study looks at the policies, programs and details of the Housing Element that may result in significant environmental impacts. Under this proposal the Town will provide zoned capacity for 833 housing units. This planned growth is intended to provide a conservative approach to meet the Town’s RHNA growth allocation. While the plan provides for the zoning capacity, this plan also identifies that most of the new Housing Element opportunities will occur on land that is already developed. In reviewing the 151 lots that Town of San Anselmo is considering, eight of these lots (which together total approximately seven acres in land area) are listed as unimproved. Of these, five are developed in part as parking lots, one is wooded, and two are covered with grassy vegetation. The remaining 143 lots are listed as “improved lots.” This matters when considering overall environmental impacts and conditions. Rather than allocate significant undeveloped land for development, the Town is suggesting ATTACHMENT 19 1645
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redevelopment opportunities for 151 existing lots in or adjoining previously developed areas within the municipal boundaries.
2.5 Existing Land Use Designation and Zoning
Existing Land Use Designations:
R-1-H Very Low-Density Residential District. - allows a maximum density of one residential unit for each gross acre of land. This District is generally applied to the primary ridges and ridge zone land areas of the Town as identified by the General Plan Land Use and Open Space Elements.
The purpose of this District is to preserve and maintain the natural landforms and vegetation of the Town's primary ridges and ridge zone areas by limiting development as defined by the Town's General Plan, to further the Town's open space objectives as described in the General Plan, and to recognize and work in concert with the environmental opportunities and constraints of these unique and sensitive areas.
R-1-C Single-Family Residential-Conservation District. - allows a maximum density of one residential unit for each gross acre of land. This District is generally applied to those developed and undeveloped lots ranging from one to two acres in size and located at or above one hundred fifty (150) feet above Mean Sea Level (see map under Available Land inventory) and excepting those areas designated as "Very Low Density Residential" by the General Plan Land Use Element. The purpose of this District is to (1) require design review for most exterior improvements; (2) limit the overall density within the district to a maximum of one (1) residential dwelling unit per acre of land; and (3) maintain and enhance the natural land forms and vegetation of the Town's secondary ridgelines and hillside areas by limiting development density and through the careful review of architectural design and site development characteristics for new development on undeveloped land, for certain reconstruction of existing development, and for certain expansions of existing development.
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Town of San Anselmo Housing Element Update 18
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Figure 2.4 Map of San Anselmo Zoning Districts
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R-1 Single-Family Residential District. - allows a density range of between one and six residential units for each acre of land. The minimum lot area for R-1 lots is also regulated by the Town’s Slope Density regulations. This District is generally applied to established residential neighborhoods characterized by single-family detached residential units on conventional lots.
Much of the land area in this District has previously been developed. Additionally, this District is applied to lots located at or above one hundred fifty (150) feet above Mean Sea Level which are further regulated through the requirement for the careful review of architectural design and site development characteristics for new development on undeveloped land, for certain reconstruction of existing development, and for certain expansions of existing development.
R-2 Medium Density Residential District. - allows a density range of between six and twelve residential units for each acre of land. This District is generally applied to lands adjacent to Sir Francis Drake Boulevard and to land areas abutting or facing commercial land uses. Lots within the District would be developed with either duplex or triplex style development, although single-family detached residential units will also be permitted.
R-3 High Density Residential District. - allows a density range of between thirteen and twenty residential units for each acre of land. This District is generally applied to lands near commercial areas. Lots within the District would be developed with either apartment or condominium style development which reflects a compatibility with the Town's predominantly residential character.
Residential Housing Opportunities (R-HO) District - serve as an "overlay" district to the R-2 and R-3 Districts within the Downtown Mixed designation on the General Plan Land Use Map. The R-HO is not an official zoning district yet, but Program H3.B — Adopt Standards for an “Affordable Housing Overlay Zone” — would amend the San Anselmo Zoning Code to establish specific standards and incentives for the affordable housing overlay zone, including densities, development standards incentives, specified level of affordability, etc. The District's purpose would be to provide opportunities for residential densities greater than that provided for in the R-2 and R-3 Districts, which allow a density range up to 20 units per acre on R-2 properties and a density range up to 28 units per acre on R-3 properties, subject to the provision that 40% of the total units permitted must be available for a rental or sale price affordable to lower income households
Professional District - This District is reflected on the General Plan Land Use Map as "Professional." The minimum lot area for all newly created P lots shall be as described in this table. No allowance for rounding up shall be granted for the last lot in a subdivision, which only partially meets the lot area requirement. This District is generally applied to a few land areas in ATTACHMENT 19 1648
Town of San Anselmo Housing Element Update 20
Initial Study
the vicinity of the Town's commercial area which serve as buffers or transitions between the more intense commercial development and adjoining residential development. The types of professional uses anticipated in the District are those considered compatible with residential and commercial development, and which do not result in the generation of traffic, noise, or other detriments to adjacent residential development. Lots developed with a single-family detached residential use are permitted to have an accessory dwelling unit. An accessory dwelling unit is an accessory residential use that is consistent with the General Plan and does not exceed the allowable density or expand or intensify the residential use.
C-1 Neighborhood Commercial District - This District is reflected on the General Plan Land Use Map as "Neighborhood Commercial," which allows a maximum Floor Area Ratio of 0.65. This District is generally applied to several existing small commercial areas located within established residential neighborhoods.
The purpose of this District is to identify those land areas which have existing commercial development providing limited commercial opportunities to adjacent residential neighborhoods. The types of commercial uses permitted within this District are those which have a market area limited to adjoining residential neighborhoods and which do not result in the generation of traffic, illumination, noise, odors, or other impacts greater than if the District were restricted to residential uses. Examples of the types of uses anticipated within the District are small grocery and drug stores and service businesses such as dry cleaners and laundromats. Lots developed with a single-family detached residential use are permitted to have an accessory dwelling unit. An accessory dwelling unit is an accessory residential use that is consistent with the General Plan and does not exceed the allowable density or expand or intensify the residential use.
C-2 Downtown Commercial District - allows a maximum Floor Area Ratio of 2.0. This Town of San Anselmo Housing Element — May 2015 50 District is generally applied to existing commercial areas along San Anselmo Avenue and Sir Francis Drake Boulevard between The Hub and Ross Avenue. The purpose of this District is to identify those areas which form the Town's central business district. The primary uses expected are businesses referred to as "primary attractors," which are those which draw many of their customers from outside the community. The second type of businesses expected in the District are those which rely upon pedestrian activity generated by the primary attractors. Mixed-uses, combining commercial, office, and residential uses are also allowed within the District, however, offices and residential uses are encouraged to locate above the ground floor to preserve the District's primary purpose of providing for commercial activities.
C-L Limited Commercial District - allows a maximum Floor Area Ratio of 1.0. This District is generally applied to properties lining both sides of Sir Francis Drake Boulevard, west of The Hub, for approximately one-quarter (1/4) of a mile, ending at Bella Vista Avenue. The Land Use category was developed as part of the 1988 General Plan to allow only those commercial uses which will not result in the generation of traffic in volumes sufficient to disrupt the flow of vehicular traffic along Sir Francis Drake Boulevard. Residential uses are allowed within the ATTACHMENT 19 1649
Town of San Anselmo Housing Element Update 21
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District which provide mixed-uses, live/work arrangements, and affordable housing that will not result in significant traffic disruption along Sir Francis Drake Boulevard. Offices and residential uses are encouraged to be located above the ground floor to preserve the District's primary purpose of providing for commercial activities. Multi-family uses are encouraged to provide incentives for mass transportation use.
C-3 Commercial District - allows a maximum Floor Area Ratio of 1.0. This District is generally applied to those areas along Redhill Avenue, Sir Francis Drake Boulevard, and the eastern end of San Anselmo Avenue. The purpose of this District is to identify those areas of Town which will afford opportunities for various commercial activities to serve the needs of the community as well as the needs of surrounding communities. Residential uses are allowed within the District which provide mixed-uses, live/work arrangements, and affordable housing that will not result in significant traffic disruption along Sir Francis Drake Boulevard. Offices and residential uses are encouraged to be located above the ground floor to preserve the District's primary purpose for providing commercial activities. Multi-family uses are encouraged to provide incentives for mass transportation use.
PF Public Facilities District - applied to all existing major public land uses, including the Town Corporation Yard, Town Hall, the Police Department, the Public Library, the Fire Service buildings, public parking lots, parks and public schools. Town of San Anselmo Housing Element — May 2015 51
PPD Preliminary Planned Development District - serves as an "overlay" District to all land areas within the Town. The purpose of the District is to provide opportunities to allow development on land areas within the Town which because of size, hillside location, unusual topography, natural resources, or aesthetic appeal cannot be developed through adherence to rigid development standards. The characteristics of these land areas require a flexible approach to provide logical and orderly development while promoting and protecting the public's health, safety, and general welfare. A PPD District is a designation established upon property which may only be developed pursuant to a Town approved specific plan.
SPD Specific Planned Development District - intended to serve as an "overlay" District to all land areas within the Town. The purpose of the District is to provide opportunities to allow development on land areas within the Town which because of size, hillside location, unusual topography, natural resources, or aesthetic appeal cannot be developed through adherence to rigid development standards. The characteristics of these land areas require a flexible approach to provide logical and orderly development while promoting and protecting the public's health, ATTACHMENT 19 1650
Town of San Anselmo Housing Element Update 22
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safety, and general welfare. An SPD District refers to a specific plan development approved by the Town.
CF Community Facilities District - applied to certain Town owned property and allows for private use of said properties when appropriate.
OS Open Space District- This District is reflected on the General Plan Planned Land Use Map as "Open Space." This District is generally applied to land intended to be protected and managed as a natural environment with passive recreation usage and no or minimal development. Lands zoned to the OS District include existing open space areas, lands with scenic values or natural resources found to be in the public interest to preserve, or lands not suitable for development due to natural or other hazards associated with the land.
2.6 Environmental Factors Potentially Affected:
The San Anselmo HEU would potentially affect the environmental factors presented in this section. The categories listed are those recommended by CEQA. Each of these elements were reviewed according to the recommended guidelines.
Aesthetics Land Use/ Planning
Air Quality Mineral Resources
Agriculture and Forestry Resources Noise
Biological Resources Population/Housing
Cultural Resources Transportation
Energy Public Services
Geology/Soils Recreation
Greenhouse Gas Emissions Tribal Cultural Resources
Hazards and Hazardous Materials Utilities/Service Systems Hydrology/Water Quality Wildfire
Determination
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Based on this Initial Study evaluation:
☐The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
☐The proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED.
☐The proposed project MAY have a significant effect on the environment, and an Environmental Impact Report is required.
☐I find that the proposed project MAY have a “potentially significant impact” or “less than significant with mitigation incorporated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An Environmental Impact Report is Required, but it must analyze only the effects that remain to be addressed. ☐I find that although the proposed project could have significant effect on the environment, because all potential significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to the applicable standards, and (b) have avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATON pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
CERTIFICATION:
_______________________________
Heidi Scoble, AICP
Planning Director
_____________________
Date
June 9, 2023
X
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3.0 ENVIRONMENTAL CHECKLIST
Purpose of the Initial Study
The project is analyzed in this Initial Study, in accordance with the California Environmental Quality Act (CEQA), to determine if approval would significantly impact the environment. This Initial Study has been prepared pursuant to the requirements of CEQA, under Public Resources Code 21000-21177, of the State CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387) and under the guidance of the Town of San Anselmo. The Town of San Anselmo is the Lead Agency under CEQA and is responsible for preparing the Initial Study for the proposed project. The Town of San Anselmo will be a Responsible Agency under CEQA.
Evaluation Of Environmental Impacts
The impact columns heading definitions in the table below are as follows:
• “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. • “Less than Significant Impact with Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The mitigation measures must be described, along with a brief explanation of how they reduce the effect to a less than significant level.
• “Less than Significant Impact” applies where the project creates no significant impacts, or only Less Than Significant impacts. An impact may be considered “less than significant” if “project design features” would be implemented by the project or if compliance with applicable regulatory requirements or standard conditions of approval would ensure impacts are less than significant.
• “No Impact” applies where a project does not create an impact in that category. A “No Impact” answer is supported if the referenced information sources show that the impact simply does not apply to projects like the one proposed (e.g., the project would not displace existing residences). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to toxic pollutants, based on a project-specific screening analysis.)
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Environmental and Regulatory Setting – This subsection of each topic area provides:
1) A brief overview of relevant plans, policies, and regulations that compose the regulatory framework for the project and
2) A description of the existing physical environmental conditions at the project site and in the surrounding area, as relevant.
Checklist and Discussion of Impacts – This subsection includes a checklist for determining potential impacts and discusses the project’s environmental impact as it relates to the checklist questions. For significant impacts, feasible mitigation measures are identified. “Mitigation measures” are measures that will minimize, avoid, or eliminate a significant impact (CEQA Guidelines Section 15370). Each impact is numbered using an alphanumeric system that identifies the environmental issue.
Conclusion – This subsection provides a summary of the project’s impact on the resource.
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3.1 Aesthetics
Environmental and Regulatory Setting
Scenic vistas are generally described in two ways: (1) panoramic views (visual access to a large geographic area, for which the field of view can be wide and extend into the distance); and (2) focal views (visual access to a particular object, scene, or feature of interest).
According to the San Anselmo General Plan, the Town’s scenic resources and vistas include natural hills and ridgelines which surround the town and are mostly covered by vegetation. The most prominent of these include the hills at the north and north-west side of the town known as the Sunny Hill, Red Hill, Indian Rock, Bald Hill, and Mt. Tamalpais and Bald Hill. These scenic resources are located at higher elevations and are visible from many points within the town. In addition, the creek-side location is another scenic vista for the town which is accessible through some points within the town.
Figure 3.1. Visualization of topography around study area in town of San Anselmo Analysis Methodology and Thresholds of Significance
According to the location and current situation of the scenic resources on hillsides, the development on the Housing Opportunity sites would not have adverse effects on the ATTACHMENT 19 1656
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scenic vistas. There are no prominent topographical features on the Project Sites from which scenic vistas could be blocked, nor do the Housing Opportunity sites block a scenic vista viewshed. Based on the changes to the Housing Element, future development would not directly obstruct an existing public view of a scenic vista as the scenic vistas are in a higher elevation than the identified sites in general.
Figure 3.2 Views from Mariposa Ave toward the University of Redland Historical resource. Development on housing opportunity sites along this street would be limited to two stories, in scale and character with the existing context of the historical resource.
The impact of development on the Housing Opportunity Sites should be evaluated on a site-bysite basis through San Anselmo’s established project plan review process. The Residential and Commercial project applications and reviews addresses visual impacts. A significant impact may occur where scenic resources would be damaged or removed by the project. The nearest Statedesignated scenic building is the University of Redland historical building which is located at ridgeline in south-west side site vicinity. This feature is not impacted by the development that would occur on the Housing Opportunity Sites. Therefore, the Housing Element Update would not have an impact on scenic resources or historic buildings.
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Figure 3.3 - Views of Red Hill from Sir Francis Blvd looking north. One housing opportunity site extends up the hill, but its development would be concentrated at the foot of the hill adjacent to existing buildings.
Figure 3.4 - Views from Sunny Hill Drive toward new project location, beyond existing driveway. Any potential impacts of new development on views of the hill to the left should be mitigated through town design review.
Analysis of the impacts on aesthetics includes questions on the visual character or quality of public views of the site itself. Public views are those that are experienced from publicly accessible vantage point. An example of a question is, if the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Public views are those that are experienced from publicly accessible vantage point. A significant impact may occur if, in a non-urbanized area, the project would substantially ATTACHMENT 19 1658
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degrade the existing visual character or quality of the site and its surroundings, or if, in an urbanized area, the project would conflict with applicable zoning or regulations governing scenic quality. Most of the housing opportunity sites are in the urbanized area along San Anselmo’s Sir Francis Boulevard corridor, and thus would not result in any significant impact.
The property located on Sunny Hill Drive in zoning district PPD/ R-1 would involve some modification of the existing hillside, and the construction of new structures up to two stories.
This could result in a change in the visual character of the site at this specific location that may or may not be significant. Design Review conducted by the Town through established plan review process or application of Objective Development Design Standards conducted by the Town through established plan review process would reduce impacts to a less than significant impact.
Future housing development could add new sources of light and glare. Potential new light sources include exterior nighttime lighting fixtures, parking area lighting, light glow from windows, doors and skylights, and accent lighting. The introduction of concentrated or multiple sources of nighttime lighting near low-density areas could result in potential impacts. However, established town Design Review or Objective Development Design Standards can mitigate any potential significant impacts. Therefore, no significant impacts are anticipated.
Aesthetics Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Have a substantial adverse effect on a
scenic vista? ☐ ☐ ☐ ☒
Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings
within a State scenic highway
☐ ☐ ☐ ☒
ATTACHMENT 19 1659
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In nonurbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those
that are experienced from publicly
accessible vantage point). If the project is
in an urbanized area, would the project
conflict with applicable zoning and other
regulations governing scenic quality?
☐ ☐ ☒ ☐
Create a new source of substantial light
or glare which would adversely affect day
or nighttime views in the area?
☐ ☐ ☒ ☒
Conclusion
No significant potential aesthetic impacts are anticipated.
Mitigation Measures:
No mitigation required.
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3.2 Agricultural and Forestry Resources
Environmental and Regulatory Setting
Prime farmland is a designation assigned by United States Department of Agriculture. The definition of prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land use. (1) There is no prime farmland located within the project area and, therefore, there is no risk of prime farmland being converted as a result of this project.
The Farmland Mapping and Monitoring Program (FMMP) produces maps and statistical data used for analyzing impacts on California’s agricultural resources. Agricultural land is rated according to soil quality and irrigation status. The best quality lands identified during a series of reviews are designated as Prime Farmland. The maps locating these valuable land areas are updated every two years with computer mapping, aerial imagery, public review, and field reconnaissance.
According to the State of California’s most recent version of the Important Farmland map, the study area is in an area mapped as mostly urban and built-up lands. No prime agricultural lands are shown or noted on the most current map sets in the Town of San Anselmo.
Additionally, future housing development facilitated by the HEU would not conflict with any existing zoning for agricultural use, Williamson Act Contract, or result in the rezoning of any currently forested lands. This project, proposed to increase density on existing residential and commercial lots only, is focused on 70.44 acres of land within the municipal boundaries of the Town. Only eight housing opportunity sites, comprising fewer than 6.2 acres, are unimproved, and five of these currently include parking lots.
ATTACHMENT 19 1662
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Checklist and Discussion of Impacts
Agriculture and Forestry Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
☐ ☐ ☐ ☒
Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
☐ ☐ ☐ ☒
Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)),
timberland (as defined by Public Resources
Code Section 4526), or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))?
☐ ☐ ☐ ☒
Result in the loss of forest land or conversion
of forest land to non-forest use? ☐ ☐ ☐ ☒
Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☒
ATTACHMENT 19 1663
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Conclusion
The HEU will not cause the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The study area is mapped as urban and built-up lands. This mapping designation is consistent with the existing land-use conditions.
Mitigation Measures
Since there are no Important Farmlands mapped within the Town of San Anselmo boundaries, and the study area, mitigation is not required.
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ATTACHMENT 19 1665
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3.3 Air Quality
Environmental and Regulatory Setting
The Town of San Anselmo is in the southeastern portion of Marin County, part of the ninecounty San Francisco Bay Area Air Basin (SFBAAB). All areas of government including federal, state, and regional agencies regulate air quality in the SFBAAB.
Federal Regulations
Federal Clean Air Act
The Environmental Protection Agency (EPA) is responsible for overseeing implementation of the federal Clean Air Act (CAA). This law passed in 1970 and then, updated in 1990, is the guideline for air pollution control nationwide. The EPA is leading the implementation of many aspects of the CAA, including establishing the National Ambient Air Quality Standards (NAAQSS) for major air pollutants; setting standards for hazard air pollution, approving attainment plans at the State level, and establishing motor vehicle emission standards. The EPA also issues stationary source emission standards and permits; and establishes control measures for acid rain, measures to protect the stratospheric ozone (O3) levels, and other key enforcement provisions. While the 1990 amendments to the CAA represent the latest standards efforts to limit the most prevalent pollutants, the CAA provides criteria that allow states to adopt more stringent standards or include other pollution species.
National Ambient Air Quality Standards
The CAA mandates that the EPA establish several criteria for air pollutants relevant to the NAAQS. These air pollutants are considered the most hazardous to human health. NAAQS have been established for these pollutants: Ozone (O3), Carbon Monoxide (CO), Sulfur Dioxide (SO2), Particulate Matter 10 (PM 10), Particulate Matter 2.5 (PM 2.5), and lead.
State Regulations
California Clean Air Act
In this State, the California Clean Air Act (CCAA) which was signed into law in 1988, mandates the California Ambient Air Quality Standards (CAAQS). Under this law, all areas are to contribute to better air quality and maintain acceptable levels by the earliest practical date.
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The California Air Resources Board (CARB) is the State agency responsible for oversight of the Statewide programs, including local efforts, pertaining to air pollution control. CARB oversees the local district's compliance with the applicable federal and State laws. CARB also approves local air quality plans, transmits the State Implementation Plans (SIP) to the EPA, monitors the air quality Statewide, determines areawide designations and provides mapping designations and updates. The CARB also oversees standards related to new mobile sources, small utility vehicles and off-road vehicles, and fuels.
California Ambient Air Quality Standards
The CCAA requires CARB to establish CAAQS. Like the federal NAAQS, CAAQS has been established for these pollutants: O3, co, nO2, SO2, PM10, PM 2.5, lead, vinyl chloride, hydrogen sulfide, sulfates, and visibility reducing particulates. CAAQS are typically more stringent than the NAAQS. The CCAA requires that the local air districts endeavor to achieve and maintain the CAASQs at the earliest practical date. The CCAA also specifies that the local air district must focus on reducing the emission s from transportation and area-wide emission sources. To help achieve this, the CCAA provides the local districts with the authority to regulate indirect sources.
Local Regulations
The local air quality regulatory agency responsible for the SFBAAB is the Bay Area Air Quality Management District (BAAQMD). The Air District maintains one of the most comprehensive air quality monitoring networks in the country, consisting of over 30 stations distributed among the nine Bay Area counties.
The California Legislature created the Air District in 1955 as the first regional air pollution control agency in the country. The Air District is tasked with regulating stationary sources of air pollution in the nine counties that surround San Francisco Bay: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, southwestern Solano, and southern Sonoma counties. It is governed by a 24-member Board of Directors composed of locally elected officials from each of the nine Bay Area counties.
The BAAQMD measures concentrations of the same six pollutants for which health-based ambient air quality standards have been set by the U.S. Environmental Protection Agency and the California Air Resources Board. Additionally, the BAAQMD measures the more stringent list of various pollutants designated as Toxic Air Contaminants by the State of California.
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This information is used to determine compliance with State and federal air quality standards, prepare air quality forecasts, develop air quality plans, provide information for permit modeling, prepare environmental impact reports, and track air quality trends.
The San Francisco Bay Area (Bay Area) does not meet national ambient air quality standards for O3 and PM2.5. As such, the EPA has classified the region as marginal nonattainment for 8-hour O3. In October 2009, EPA designated the Bay Area as nonattainment for 24-hour PM2.5 standard. The Bay Area is considered as attainment or unclassifiable with respect to the national air quality standards for all other pollutants.
The BAAQMD released its 2022 Ambient Air Monitoring Network Plan in June 2022. The plan provides a summary of the ambient air monitoring network in 2021 and proposed network changes through 2023. The proposed changes may be found in the section titled “Proposed Modifications to the Network through 2023.”
According to the plan there are 3 monitoring stations in Marin County. San Rafael is the closest monitoring station and detailed site to San Anselmo. The two additional monitoring stations and detailed sites are in Forest Knolls and Fort Cronkite.
Regional and Local Area Air Quality Plans
The Marin County and San Anselmo General Plans do address concerns with air quality. Marin County promotes planning and programs that result in the reduction of airborne pollutants measured within the county and the Bay Area. Key policies in the Marin County General Plan aim to coordinate air quality planning efforts with local, regional, and State agencies, and evaluate the air quality impacts of proposed plans and development projects.
The General Plan of Marin also seeks to attain or exceed the more stringent federal or State Ambient Air Quality Standards for each measured pollutant and require appropriate mitigation of Air Quality Impacts. The Plan requires projects that generate potentially significant levels of air pollutants, such as quarry, landfill operations, or large construction projects, to incorporate best available air quality mitigation in the project design.
Marin County voluntarily promotes various ways to reduce air pollution in the local community through the Spare the Air Resource Team. Starting in 1991, the Community Resource Teams bring together civic groups, agencies, businesses, and environmental organizations that meet regularly and work collaboratively to implement projects that promote cleaner air. While there ATTACHMENT 19 1668
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are eight such teams in the BAAQMD, these teams are not part of the mandates for pollution and the team does not satisfy and regulatory benefit.
Local Climate and Air Quality
The air quality in The Town of San Anselmo is dependent on the sources of air pollution, transport of pollutants to and from surrounding areas, and local and regional meteorological conditions, as well as the surrounding topography of the SFBAAB. Air quality is described by the concentration of various pollutants in the atmosphere. Units of concentration are generally expressed in parts per million (ppm) or micrograms per cubic meter (μg/m3). The significance of a pollutant concentration is determined by comparing the concentration to an appropriate ambient air quality standard. The standards represent the allowable pollutant concentrations designed to ensure that the public health and welfare are protected, while including a reasonable margin of safety to protect the more sensitive individuals in the population.
Marin County is bounded on the west by the Pacific Ocean, on the east by San Pablo Bay. Most of Marin's population lives in the eastern part of the county, in small, sheltered valleys. Because of the wedge shape of the county, northeast Marin County is farther from the ocean than is the southeastern section. This extra distance from the ocean allows the marine air to be moderated by bayside conditions as it travels to northeastern Marin County.
Air pollution potential, particularly for smog is highest in eastern Marin County, where most of population is located these semi-sheltered valleys like San Anselmo. While the influence of marine air is known to keep air pollution levels low, there is greater potential for air pollution to build up around San Anselmo because the valleys are more sheltered from this unique sea breeze effect. Overall, Marin County does not have many polluting industries. It has been suggested that the air quality on its eastern side may be affected by emissions from increasing motor vehicle use within and through the county.
Concerns and Local Climate
Ozone and fine particle pollution, or PM2.5, are the major regional air pollutants. Ozone is primarily a problem in the summer, and fine particle pollution in the winter. Along the Marin County coast and in southern Marin County, clean air from the Pacific Ocean helps to keep air pollution at a minimum. Like other parts of Marin, ozone can become a concern in San Anselmo, because the hilly terrain and colder winter temperatures can trap PM2.5 near the surface, resulting in air quality that exceeds health standards.
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Marin’s relatively good air quality is compromised by high concentrations of ozone caused by vehicle traffic, and localized high volumes of particulate matter caused by construction activities, wood burning, off-road travel, and agricultural operations.
Impact Analysis
Today, the Bay Area’s largest source of smog forming emissions – over 60% – comes from mobile sources like cars, trucks, buses, and construction equipment. The number of mobile sources will rise considerably along with expected population growth. The Bay Area’s population is forecast to increase by 29% by the year 2030 – from 6.8 million in 2000 to 8.8 million in 2030 with the number of jobs increasing to 5.2 million. Even with anticipated gains in transit ridership and carpooling to work, the region is projected to have a minimum of 35% more – or 7.5 million – additional vehicular trips a year.
Current plans are prepared to accommodate growth and reduce high levels of pollutants within areas of the BAAQMD. Projects that are consistent with growth plans do not interfere with attainment because the growth is included in the regional projects utilized in the formation of these regional plans. Since the San Anselmo HEU is consistent with the applicable growth projections and control strategies, it does not jeopardize attainment of the region air quality standards.
These future housing sites are required to adhere to all federal, State and local requirements for minimizing construction and operational pollutant emissions. Since this plan encourages redevelopment there are many opportunities to reduce local trips by providing housing in areas that are accessible to major bus lines, major transportation routes and will be fully walkable to other commercial areas for shopping, dining and other desirable activities.
In the short term, construction from the HEU could result in temporary, short-term pollutants from construction-related soil disturbance, dust and noise emissions and combustion pollutants from on-site equipment, as well as from off-site delivery of construction material and supplies.
San Anselmo’s established building permit policy will limit any such construction-related air quality impacts.
New building development will be required to meet California’s Title 24 Energy Code and CALGreen building standards. A central intent of these policies is to reduce air pollution and other environmental impacts, and they are regularly updated with more stringent regulations responding to updated building technologies and understanding of risks to people and climate.
The development responding to the HEU will incorporate the increased efficiencies and reduced air impacts associated with these regulations as they relate to building materials, ATTACHMENT 19 1670
Town of San Anselmo Housing Element Update 42
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heating, cooling, electrical use, air conditioning mechanism, water use, and lighting systems.
Considering these evolving requirements, future development on candidate housing sites facilitated by the HEU will result in new housing opportunities with the most advanced green requirements and no significant increase in pollutants currently in nonattainment under applicable federal or State ambient air quality standards.
Toxic Air Contaminants.
Future housing development could include emissions of pollutants identified by the federal and state governments as Toxic Air Contaminants, or TACs. These are hazardous pollutants. The State of California has established the framework for TAC identification and control. This is one of the programs where the State is stricter that the federal government and the program that has been developed targets the TACs that are considered to be a problem in the local environment (State-wide).
The greatest potential or TAC emissions during construction is diesel particulate emissions (DPM) from heavy-duty trucks and the associated health impacts to sensitive receptors. The State of California has two requirements to reduce DPM emissions. The first requirement subjects for fleet owners of mobile construction equipment to the CARB regulations for in-use off-road diesel vehicles to reduce DPM. The second requirement limits engine idling time of all diesel fueled vehicles. Idling of heavy-duty diesel-powered construction equipment and trucks during loading and unloading is limited to five minutes. Whenever possible, electric auxiliary power units shall be used.
Individual development projects implementing the HEU will be subject to the development review process and will be required to demonstrate consistency with Town of San Anselmo, Marin County and the State of California’s polices and requirements. While this development may require additional studies for future impacts to TAC emitters, the size and residential land use profile of the proposed projects associated with this analysis do not suggest considerable concerns.
Carbon Monoxide Hot Spots.
Mobile-source impacts, including those related to CO, occur on two levels of magnitude including regionally and locally. Regionally, construction travel associated with future housing redevelopment would add to regional trips, increasing the Vehicle Miles Traveled (VMT) with the local airshed and the SFAAB. Locally, construction traffic will be added to the roadway system in the vicinity of the housing development project. This can always produce the possibility for the formation of microscale CO “hotspots” to occur immediately around points of traffic congestion. Hotspots will form is traffic occurs during periods of poor atmospheric ATTACHMENT 19 1671
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ventilation that consists of many vehicles that are cold-started and operating at pollution inefficient speeds, including speeds resulting from all congested highways.
Traffic associated with future housing development could potentially contribute to traffic impacts that may result in the formation of hotspots. Because of continued improvement in vehicular emission at a rate that is faster than the rate of vehicle growth and congestion, the potential for CO hotspots is steadily decreasing. Circumstances like these will be evaluated upon submittal of the permit and entitlement applications. Each project will need to demonstrate that the daily construction emissions and operations will not exceed any significant thresholds for any criteria air pollutant.
Future development on candidate housing sites will not expose sensitive receptors to substantial pollution concentrations. Impacts are less than significant.
While the future development associated with the HEU could result in odors generated from vehicles and/or construction equipment including exhaust and emissions, these odors are attributable to concentrations of unburned hydrocarbons and from tailpipes of construction equipment and architectural coatings. As such, these odors are temporary in nature and generally will not occur at the magnitude that would affect a substantial number of people.
CALGreen and other building standards are consistently reducing the extent of odors and toxic gases from building materials.
Future land development on candidate housing sites identified in the HEU would result primarily in new housing, a land use which rarely leads to odor complaints, as compared to uses such as chemical plants, refineries, landfills, other industry, agriculture, or food processing.
Future housing development facilitated by the HEU would not expose a substantial number of people to negative or offensive odors. Likewise, odors associated with machinery used during the construction process tend to not linger for days and long periods of time. Therefore, impacts are less than significant, and no mitigation is required.
ATTACHMENT 19 1672
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Checklist and Discussion of Impacts
Air Quality Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Conflict with, or obstruct
implementation of the applicable air
quality plan?
☐ ☐ ☐ ☒
Result in a cumulatively considerable net
increase of any criteria pollutant for
which the project region is nonattainment under an applicable federal or State ambient air quality standard?
☐ ☐ ☐ ☒
Expose sensitive receptors to substantial
pollutant concentrations? ☐ ☐ ☒ ☐
Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
☐ ☐ ☒ ☐
Conclusion
The HEU will not significantly impact air quality. The HEU takes the opportunity to direct increased density to areas of the community that are already developed, where air impacts from transportation can be minimized through use of low-emissions modes. Emphasis on compact building development patterns following established energy and green building standards will minimize air quality impacts from development.
Mitigation Measures
Established Town policies and regulations in place for transportation, building design and construction will address any project revisions to ensure compliance with the Town’s policies.
No additional measures are required.
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3.4 Biological Resources
Environmental and Regulatory Setting
Conservation Plans, Policies and Ordinances
Federal Regulations
Federal conservation laws, such as the Endangered Species Act (ESA) and the Migratory Bird Treaty Act (MBTA), help define the United States’ stance on conservation. These key acts play an important role in protecting some of the world’s most vulnerable plant and animal species.
Endangered Species Act
The Endangered Species Act (ESA) of 1973 protects species at risk of extinction and the habitats they need to survive. The main takeaway of this federal act is to identify, protect, and recover threatened or endangered species. When a species is added to the list of threatened or endangered species, this triggers four major provisions of the ESA, which are to conserve the listed species, to avoid jeopardy, to avoid adverse modification of habitat, and to avoid taking.
Migratory Bird Treaty Act of 1918
The Migratory Bird Treaty Act (MBTA) of 1918 implemented the Convention for the Migratory Birds between the United States and Canada with later additions of Mexico, Japan, and Russia.
This international treaty act defines migratory birds, closes hunting on all species between March and September, and creates a closed 10-year season for threatened game birds.
Intended to protect the sustainability of migratory bird populations, the act makes it is unlawful to intentionally kill, hunt, take or pursue migratory birds, along with removing or intentionally disturbing migratory bird nests or eggs.
State Regulations
While CEQA is California’s main planning, treatment, and review mechanism, there are notable other State mechanisms that work to protect biological resources. These mechanisms are described below:
California Endangered Species Act
The California Endangered Species Act (CESA) runs parallel to the federal Environmental Species Act, however CESA is managed by the California Department of Fish and Wildlife. It includes an important provision, which prevents the taking of any threatened or endangered species.
Taking is defined, similarly to the Migratory Bird Treaty Act (MBTA), as to hunt, pursue, catch, capture, or kill the listed species. Unlike the Endangered Species Act, the CESA grants listings which are categorized as a candidate with the same protections as species listed as threatened or endangered.
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California Fish and Games Code
The California Fish and Games Code covers a range of different environmental concerns.
Sections 1600 – 1603 work to protect diversions, obstructions or chances to the natural flow or bed, bank or channel of any river, stream or lake in the State of California. The California Fish and Games Code, Sections 3503, 3503.5, and 3513 works in the same manner as the MBTA. It looks to prevent the harm of the listed species and ensure the species does not receive any impairment to its essential behavior.
Local Regulations
Within Marin County and the Town of San Anselmo, there are multiple conservation and preservation ordinances/policies that pertain to biological resources. The following mechanisms are described below:
Native Tree Preservation and Protection
The Marin County Native Tree Preservation and Protection created this ordinance with the intention to promote the health, safety, and general welfare for the residents of Marin County, as trees provide a variety of functions. This ordinance will control the removal of protected trees and maintain/enhance tree cover on improved or unimproved property, prevent the unpermitted wholesale removal of many native trees, protect woodland environments on agricultural land, and educate residents of the County about the functions, benefits and values of trees to further the protection, preservation.
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Figure 3.5 Represents the Protected Native Trees under the Native Tree Preservation and Protection ordinance.
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The Town of San Anselmo has individual ordinances related street trees and trees on private lots. Pursuant to Title 4, Chapter 13, Section 4-13.01 of the San Anselmo Municipal Code, “the trees of the Town are an integral part of the Town's complex environmental system, the functioning of which does not depend on or conform to the arbitrary delineations of property… Therefore, the Council finds it necessary, as a matter of public health, safety, and welfare, to enact the provisions of this chapter to control the removal or destruction of trees within the Town.” Thus, the additional regulations ensure the urban tree canopy is featured as an important component of the community environment.
Town of San Anselmo Urban Runoff Pollution Prevention Regulations Chapter 8 of the San Anselmo Municipal Code provides regulations for Urban Runoff Pollution Prevention. The purpose of the Urban Runoff Pollution Prevention regulation is to ensure the future health, safety, and general welfare of Town of San Anselmo citizens and to protect and enhance watercourses, fish, and wildlife habitat. To achieve this, the ordinance requires the minimizing of discharges other than storm runoff, responding to the discharge of spills, and preventing spills to storm drains, reducing pollutants in stormwater, requiring best management practices (BMPs) on new or redeveloped land, and requiring development projects to maintain or reduce runoff.
Protection of Flood Hazard Areas
The purpose of the Protection of Flood Hazard Areas is to minimize public and private losses due to flood conditions in specific areas that are within flood prone, mudslide and flood-related erosion areas. To accomplish this, this will restrict or prohibit uses the will result in damaging increases, uses vulnerable to floods, uses that control the alteration of natural floodplains, stream channels and natural protective barriers, uses that control filling, grading, dredging, and uses that prevent or regulate the construction of flood barriers which will divert flood hazards in other areas.
The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Town Council of the Town of San Anselmo has also adopted floodplain management regulations that are codified in Title 7, Chapter 11, Protection of Flood Hazard Areas, of the San Anselmo Municipal code. This progressive ordinance adopted in 2009 can be found at Ord. No. 1071, 4- 14-2009. Additionally, the Town of San Anselmo requires a Watercourse Permit Title 5, Chapter 8, Article 2, Section 5-8.12 of the San Anselmo Municipal code to ensure any work within a creek is coordinated with State and Federal efforts along waterways.
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Regional Environmental Setting
The project area (Town of San Anselmo) is in the San Francisco Bay, which has a comfortable year-round Mediterranean climate, occasionally interrupted by storms and flooding. This region includes freshwater, marine, and terrestrial resources. The resources range from Redwood forests, mixed evergreen forests, and coastal prairie-scrub.
Local Environmental Setting
The Town of San Anselmo is within Marin County jurisdiction, California and is located 1.5 miles west of San Rafael, at an elevation of 46 feet. It is located about 20 miles north of San Francisco. The town is bordered by San Rafael to the east, Fairfax to the west, and Ross to the south. The Town is also within the Ross Valley Watershed with two low-capacity creeks (Sleepy Hollow and San Anselmo Creek), which are surrounded by developed land.
Vegetation Communities
Vegetation Communities are defined as a recognizable group of species growing together and understanding the environmental dynamics is critical when planning new development.
Vegetational communities can help to understand the complex wildlife species in the area along with their migration patterns. Development can lead to disruption and aid in the loss of species and biodiversity. The Town of San Anselmo is home to its own specific vegetation communities including the following:
• Coastal Riparian Forest
• Grasslands
• Urban/Suburban
These distinct environments will adapt differently to development and specific communities are critical to the health of the ecosystem, making it important to understand how they all differ.
Coastal Riparian Forest
In coastal riparian forests often have an influence over the dynamics of communities associated with the aquatic ecosystems. These areas possess distinct ecological characteristics because of their relationship with aquatic systems. This relationship allows for their boundaries to constantly change depending on environmental conditions such as soil conditions and vegetation along with other factors. According to Riparian Ecology and Management in the Pacific Coastal Rainforest (Naiman et al.), the riparian forest of the Pacific Coastal Ecoregion of North America is floristically and structurally its most diverse vegetation.
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Grasslands
The grasslands are essential habitats the provide food and shelter for many different species in California. These areas provide resources for many birds, mammals, insects, pollinators, and others depend on and support about 40% of California’s total native plant species (Wigand 2007). Besides being a critical asset for the numerous threatened and endangered species, grassland communities remove sequester carbon, filter and store water, prevent flooding and soil erosion.
Urban/Suburban
Development in natural habitats continues to have varying effects from the total loss of critical habitats to minor impacts to support low-density housing. In San Anselmo, creeks play a major part in supporting the local biodiversity and 82% of the trees lining these creeks are native species. Protecting these urban oases will positively impact the surrounding area and continue to act as a wildlife corridor.
Special-Status and Protected Species
The definition of special-status species refers to plant and wildlife species that are listed or proposed for listing as threatened or endangered by the U.S. Fish and Wildlife Service. The species listed are protected by the federal and/or State Endangered Species Act, Migratory Bird Act, and other government regulations. According to the US Fish and Wildlife Service IPaC queries, there a multiple threatened and endangered species habitats in the Town of San Anselmo. The species range from mammals, birds, reptiles, insects, flowering plants, fish, and amphibians. The results of these queries highlight the potential of these species to occur in or surrounding the designated project areas. Below is a list of the species designated to be in the project area by the U.S Fish and Wildlife Service IPaC:
Common Name
Scientific Name
Threat Level Potential to Occur in
Study Area
Salt Marsh Harvest Mouse
(Reithrodontomys raviventris)
Endangered Not expected. No
suitable habitat.
California Clapper Rail
(Rallus longirostris obsoletus)
Endangered Not expected. No
suitable habitat.
California Least Tern Endangered Not expected. No
suitable habitat.
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(Sterna antillarum browni)
Tidewater Goby
(Eucyclogobius newberryi)
Endangered Not expected. No
suitable habitat.
Showy Indian Clover
(Trifolium amoenum)
Endangered Not expected. No
suitable habitat.
White-Rayed Pentachaeta
(Pentachaeta bellidiflora)
Endangered Not expected. No
suitable habitat.
Marbled Murrelet
(Brachyramphus marmoratus)
Threatened Not expected. No
suitable habitat.
Northern Spotted Owl
(Strix occidentalis caurina)
Threatened
Critical Habitat
Not expected. No
suitable habitat.
Western Snowy Plover
(Charadrius nivosus nivosus)
Threatened Not expected. No
suitable habitat.
Green Sea Turtle
(Chelonia mydas)
Threatened Not expected. No
suitable habitat.
California Red-Legged Frog
(Rana draytonii)
Threatened Not expected. No
suitable habitat.
Delta Smelt
(Hypomesus transpacificus)
Threatened Not expected. No
suitable habitat.
Marin Dwarf-Flax
(Hesperolinon congestum)
Threatened Not expected. No
suitable habitat.
Santa Cruz Tarplant
(Holocarpha macradenia)
Threatened Not expected. No
suitable habitat.
Monarch Butterfly
(Danaus plexippus)
Candidate Not expected. No
suitable habitat.
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Table 3.1 This table represents the threatened or endangered species in the Town of San Anselmo.
Analysis Methodology and Thresholds of Significance
Prior to preparing the San Anselmo biological resource report, CHPlanning researched the most recent information available pertaining to species that are identified as threatened or endangered. This information was provided by the U.S Fish and Wildlife Service through its Information for Planning and Consultation (IPaC) tool. This tool allows for the project site to be uploaded, which will then provide a list of these species along with any critical habitats in the area. CHPlanning also researched riparian / sensitive natural communities within San Anselmo.
This information was gathered by using geographical information system files (GIS) provided by the Town of San Anselmo, Marin County, and the State of California. The information provided is the location of these sites, which were then researched in greater depth to understand the resources provided to the town.
Categories of Species and Natural Communities of Concern Evaluated Included in this assessment are species deemed threatened or endangered by the U.S. Fish and Wildlife Service and the California Endangered Species Act. Other items included in the assessment are any natural communities or riparian habitats that may be affected, federally protected wetlands, migratory fish or wildlife, and biological resources protected by preservation policies or ordinances.
To comply with all aspect of the California Environmental Quality Act (CEQA), CHPlanning researched Wetlands and other hydrologic properties in San Anselmo, movement of migratory fish and wildlife species, local preservation policies and ordinances, and approved local, regional, or State habitat conservation plans. This research will then be used to understand if any aspects could occur on the project site or within the area of influence. All the information has been compiled into their respective lists.
Mitigation Measures
After analyzing the parkland, shown in Figure 3.6, along with the query through the U.S. Fish and Wildlife IPaC, continued development in the areas considered would not have a substantial adverse effect directly or indirectly on the species and habitats identified as threatened or endangered. Since the HEU would not have a substantial adverse effect, mitigation is not required.
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Figure 3.6 This image reflects the nearby parks/open space in the Town of San Anselmo along with the surrounding areas considered and Housing Element.
The U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife (CDFW) lists species as threatened or endangered under the Federal Endangered Species Act (FESA) or the California Endangered Species Act (CESA). The United State Fish and Wildlife can designate critical habitat that identifies specific areas that are critical to the conservation of a listed species.
The HEU does not propose construction of housing or other development; rather, this plan provides capacity for future housing development. Of the 151 candidate housing sites, all but ATTACHMENT 19 1682
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three (3) parcels are listed as being “improved.” The three (3) that are unimproved comprise fewer than 4.2 acres, are all adjacent to developed parcels.
Habitat and site inventories are subject to constant change. Species and populations of biological resources are under revision. Species that were once listed in an area may have moved on, or sadly may no longer exist. Likewise, when conditions are right, new species may appear.
The future housing development could impact candidate, sensitive, or special status wildlife or plant species through direct and indirect disturbance and elimination of essential habitat.
However, based on the current location and size of the sites, no critical habitats are directly related to the individual parcels.
The San Anselmo Creek, however, is a resource that must be considered critical. Development may put additional stress on this important waterway. However, some impacts may be lessened as sites will be retrofitted to meet modern day water quality standards.
Future development will need to mitigate impacts to sensitive habitats as part of the development review process.
The HEU sites are concentrated in area that have been developed. No on-site potential exists to negatively impact native resident or migratory species. Impacts from run-off to San Anselmo Creek will be reviewed on a more site-specific basis. The HEU will not impede movement of any species migratory or resident. However, the long-term consequences of those aquatic species populations in San Anselmo Creek will need to be scrutinized.
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Initial Study
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Have a substantial adverse effect, either
directly or through habitat
modifications, on any species identified
as a candidate, sensitive, or special
status species in local or regional plans,
policies, or regulations, or by the
California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
☐ ☐ ☒ ☐
Have a substantial adverse effect on any
riparian habitat or other sensitive
natural community identified in local or
regional plans, policies, regulations or by
the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
☐ ☐ ☒ ☐
Have a substantial adverse effect on
state or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means?
☐ ☐ ☐ ☒
Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or with
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites?
☐ ☐ ☒ ☐
Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
☐ ☐ ☒ ☐
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Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan,
or other approved local, regional, or
state habitat conservation plan?
☐ ☐ ☒ ☐
Conclusion
In reviewing the information in this section, any impacts to the Town’s creeks and waterways are minimized through the Town’s regulatory permitting process, therefore, since the majority of the HEU will utilize sites that are currently developed the environmental impacts to these populations will be limited.
Mitigation Measures
The Town’s Municipal Code and regulatory process ensures no adverse impacts and therefore, no mitigation is required.
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3.5 Cultural Resources
CEQA requires that the lead agency determine potential impacts to historical resources and tribal cultural resources. Tribal cultural resources are discussed in section 3.18 and letters to local tribal communities were sent out as a component of this Initial Study (see letters and responses in Appendix B).
Environmental and Regulatory Setting
The California Code of Regulations §15064.5 provides guidance on identifying and evaluating historical/cultural resources and measuring the significance of impacts. A historical resource is defined as a resource listed in, or determined to be eligible for listing in, the California Register for Historical Resources (CRHR); a resource included in a local register for historical resources; or any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant. CRHR uses the following criteria to determine qualification as a historical resource:
• Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. • Associated with the lives of people important to local, California, or national history. • Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values. • Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation.
A project is considered to have significant impact on these resources if:
• The project results in physical demolition, destruction, relocation, or alternation of the resource of its immediate surroundings such that the significance of a historical resource would be materially impaired.
• Physical characteristics that justify its inclusion in the CRHR and convey its historical significance are demolished or altered in an adverse manner.
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Analysis Methodology and Thresholds of Significance
The following databases and registers have been searched to find any cultural resources that fall within the Town boundaries of San Anselmo. If a property falls within the Town boundaries, it is identified and any chance of impact from the increased housing density is discussed. If the cultural resource lies on one of the Housing Opportunity sites (refer to Figure 2.3 on page 14), an impact mitigation measure is identified.
Search of the California Historical Resourcesi – There are no historical resources registered on the California Historical Resources within the Town of San Anselmo.
Search of the National Register of Historic Placesii – No registered properties fall within the boundaries of the Town of San Anselmo.
Search of the California Historical Landmarks – Of the 15 landmarks located in Marin County, none are located within the boundaries of the Town of San Anselmo.
San Anselmo Historical Museum Virtual Guided Tour – Although the sites identified on this tour are not legally designated as historic or cultural resources, this effort identifies sites of potential significance only. The tour was developed by members of the San Anselmo Historical Commission and provides some local perspective on locations that are historically and culturally significant in the context of overall Town composition. This tour, while referring to sites of “historical significance” does not include resources that meet the CEQA definition. The sites that overlap with Housing Opportunity Sites are:
• Comfort’s Restaurant at 335 San Anselmo Avenue - An eagle emblem on the building represents the fact that this building used to be the post office from 1947-1969. Since this building has already been redeveloped it does not retain any historical integrity and there are no mitigation measures required. The eagle emblem should be preserved, if possible, but a placard could also pay homage to this place of local significance. • San Francisco Theological Seminary at 105 Seminary Road – The San Francisco Theological Seminary dates to 1892 and is the Town’s oldest institution. Buildings on the campus are considered Town landmarks and hold historical significance. Although the Theological Seminary does not directly overlap with the Housing Opportunity Sites, the 14-acre campus does sit directly adjacent to these sites and increased activity, parking, and noise impacts will have to be considered throughout this process. Those impacts are ATTACHMENT 19 1687
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outlined in greater detail in their respective sections of this study and the subsequent Environmental Impact Report.
The sites that have been identified as Housing Element Sites are located on parcels that are currently developed. Although this analysis included a search of the registries above, it is also important to note that archeological and historic sites would have been identified during the previous development of these 151 sites. The previous grading, construction, and use of these developments would have surfaced any underlying archaeological, historic, and cultural resources. This leads us to the conclusion that no mitigation will be required for this project.
The same logic is applied to unknown burial grounds. The previous development on these sites suggests that burial grounds have not been discovered. Previous cultural resource analyses for this project area do not identify burial groundsiii. If any human remains are found during the redevelopment of the Housing Opportunity Sites, the subsequent action would be guided by California Health and Safety Code §7050.5:
• In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlie adjacent remains. The area remains undisturbed until the coroner of the county has determined that the remains are not subject to the provisions of Section 27491 of the Government Code or any other related provisions of law.
• If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission.
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Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Cause a substantial adverse change in the
significance of a historical resource
pursuant to §15064.5?
☐ ☐ ☒ ☐
Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
☐ ☐ ☐ ☒
Disturb any human remains, including
those interred outside of dedicated
cemeteries?
☐ ☐ ☐ ☒
Conclusion
There will be little to no impact on cultural resources because of the HEU. This is primarily because of the lack of official cultural resources that lie within the Town boundaries.
Mitigation Measures
Since there are no official historical, cultural, or archaeological resources within the project boundaries, there will be no substantial adverse effect directly or indirectly cultural resources.
Mitigation is not required.
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3.6 Energy
Environmental and Regulatory Setting
California is one of the lowest per capita energy users in the United States. According to 2021 data provided by the United States Energy Information Administration (EIA), California ranks 48th in the nation for energy consumption. This is attributed to its mild climate and progressive State-wide energy efficiency programs and goals. The single largest end-user sector for energy consumption in California is transportation (34%), followed by Industry (25%), Residential (22%), and Commercial (19.6%) sectors. (EIA-March 2022).
Renewable energy provides 30% of the State’s electricity. Wind, solar, photovoltaic, geothermal and biomass are all methods that contribute to this total. In 2021, California was first in the nation for producing renewable energy from all sources (EIA – March 2022).
Senate Bill (SB) 100 calls for the Sate to rely on renewable energy by 2045 and to reduce Statewide vehicle emissions. The State of California requires all motor vehicles to use Reformed Gasoline. This gas is produced wholly from in-State refineries. Gasoline is the fuel of choice for California motorists and end-users with diesel fuel coming in a close second. Diesel is a staple of heavy duty-truck, delivery vehicles, large transportation alternatives such as buses, trains, ships, boats, barges, farm equipment and heavy-duty military vehicles. (California Energy Commission)
Local Conditions
Based on the Town of San Anselmo’s growth strategy and this project calls for 833 new units to meet the Town’s RHNA. Most of the proposed HEU sites are along the existing commercial corridors and in areas already served by energy providers. Redevelopment of these areas not only ensures existing service connections, but also provides the opportunity to update existing equipment that will supply modern and energy efficient energy.
The HEU will require no significant changes in any energy related actions and will have almost zero impacts. However, energy use during construction of the new 833 units will impact fuel consumption. This will come in the form of the gasoline and diesel fuel required to operate heavy equipment, light duty trucks, vehicles, machinery, and there is the potential for lighting impacts through night work and security. Temporary access to the power grid for construction trailers or electric construction equipment will be constant throughout the construction and development phase of this effort.
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Housing site development will require permanent grid connections for electricity and natural gas service to power internal and exterior building lighting, heating and colling systems.
Development will be subject to energy conservation requirements of the California Energy Code (Title 24, Part 6)
Construction strategies will need to comply with the California Air Resources Board (CARB) regulations that restrict construction vehicle idling and the use and replacement of heavy-duty motor vehicles and equipment.
Construction activities associated with the development efforts will require the use of fuelefficient equipment consistent with federal and State regulations. This should reduce inefficient, wasteful and unnecessary consumption of energy resources.
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
☐ ☐ ☒ ☐
Conflict with or obstruct a State or local
plan for renewable energy or energy
efficiency?
☐ ☐ ☒ ☐
Conclusion
The HEU provides new housing opportunities and proposes these housing options near high quality transit areas and existing commercial and retail services. These choices will reduce trip distances and encourage the use of alternative transportation modes including cycling and walking. This represents among the most energy-efficient means to accommodate housing needs.
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Mitigation Measures
As established Federal, State, and Local energy policies address any mitigation required, no additional mitigation is needed for this HEU.
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ATTACHMENT 19 1693
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3.7 Geology and Soils
Environment and Regulatory Setting
San Anselmo is generally associated with the Pacific Border physiographic province. The Pacific Border straddles the boundaries between several of Earth's moving plates on the western margin of North America. This region is one of the most geologically young and tectonically active in North America. The generally rugged, mountainous landscape of this province provides evidence of ongoing mountain-building. Characteristic features in this province include lowlands on the eastern margin coupled with mountains and coasts to the west.
According to the General Plan, most of the available land in the Town of San Anselmo has already been developed. The remaining undeveloped parcels are located on steep hillsides and ridgetops and tend to be more difficult to build on due to remote access or geologic instability.iv The Town of San Anselmo, located in proximity to several active faults in the Bay Area, is at a 62 percent chance of experiencing one or more earthquakes of magnitude 6.7 or greater in the next 20 years. v
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Zoning Act regulates where development can occur in relation to traces of active faults in California. A structure for human occupancy must be located at least fifty feet from an active fault, defined as one that has ruptured in the last 11,000 years. Project sites within the Alquist-Priolo Earthquake Fault Zone require additional studies to ensure that no structures are built directly above these zones. vi The Act also requires the State Geologist to establish earthquake fault zones throughout California, which are available through the California Earthquake Hazards Zone Application (EQ Zapp) interactive map. vii Upon review of the map for the San Anselmo area, it has been determined that the project site is not located within an Alquist-Priolo Earthquake Fault Zone.
Seismic Hazards Mapping Act of 1990
The Seismic Hazards Mapping Act (SHMA) of 1990 requires the Department of Conservation, California Geological Survey to map areas prone to earthquakes, liquefaction, landslides, and amplified ground shaking. viii These areas can be viewed on the EQ Zapp. A review of this application shows that the Town of San Anselmo is not within a designated earthquake hazard zone.
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Town of San Anselmo Resolution No. 3856
Under this resolution, the Town of San Anselmo adopted minimum residential building standards to retrofit residential buildings to withstand earthquake related hazards and seismic activity. The Town endorsed a “Standard Plan A: Residential Seismic Strengthening Plan” as a prescriptive seismic strengthening plan. ix
Town of San Anselmo General Plan
The Town of San Anselmo General Plan, states that available geologic information indicates that the Town is not within the presence of active faults or rift zones. It mentions that additional data on earthshaking and other seismic hazards will be available once the State Division of Mines survey of the San Anselmo area is completed. The Town of San Anselmo has a policy to discourage construction located on land that is prone to earthquake, erosion, and landslides. x Analysis Methodology and Thresholds of Significance
Preliminary Soil Analysis
A preliminary desktop soil analysis was conducted using the National Resources Conservation Service (NRCS) Web Soil Survey to generate a custom soil report for the project site. xi Most of the site rests upon soils belonging to the Xerorthents soil group (with a slope between 0 to 9 percent and landforms characterized by tidal flats and valley floors. The next common soils, the Tocaloma-Saurin soil group, is characterized by extremely steep slopes ranging from 50 to 75 percent, has a medium runoff potential, and whose landform is characterized by hills. The following two soil groups that occur in frequency within the project site share the physical properties and characteristics of the Tocaloma-Saurin soil group. Caution must be taken when siting and designing these higher density developments to ensure that they are not located upon steep hills or on highly erodible soils.
A map of Expansive Soils in the project area, sourced from Marin GeoHub, was reviewed.
Expansive soils contain minerals such as certain clays that can expand 10% or more in volume when they absorb water. Pressure exerted by soil expansion can damage building foundations, and soil gaps formed by the shrinkage of expanded soil can cause foundation instability.
According to the map, approximately 30 to 35 of the 151 housing opportunity sites are in an area of moderately expansive soil. These parcels are all located north of Sir Francis Drake Boulevard and Red Hill Avenue and include the housing opportunity site on Sunny Hills Drive.
The presence of moderately expansive soil tends to match areas of greater elevation. All other housing opportunity site parcels are in areas with a “nil” rating for expansive soil.
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Figure 3.7 Soils map for area of HEU Opportunity Sites, from USDA WebSoilSurvey. See table on next page for soil type descriptions.
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Table 3.1. Soil types in HEU Opportunity Site Area (refer to Figure 3.7 on previous page for soil locations)
Soil type number (see Figure 3.7) Soil type description 166 Saurin-Urban land-Bonnydoon complex, 30 to 50 percent slopes
179 Tocaloma-McMullin complex, 30 to 50 percent slopes
182 Tocaloma-McMullin-Urban land complex, 30 to 50
percent slopes
185 Tocaloma-Saurin association, extremely steep
204 Xerorthents-Urban land complex, 0 to 9 percent slopes Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
☐ ☐ ☐ ☒
Rupture of a known earthquake fault, as
delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map, issued by the State Geologist for the area
or based on other substantial evidence of
a known fault? Refer to Division of Mines
and Geology Special Publication 42.
☐ ☐ ☐ ☒
Strong seismic ground shaking? ☐ ☐ ☐ ☒
Seismic-related ground failure, including
liquefaction? ☐ ☐ ☐ ☒
Landslides? ☐ ☐ ☐ ☒
Result in substantial soil erosion or the
loss of topsoil? ☐ ☐ ☐ ☒
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Be located on a geologic unit or soil that
is unstable, or that would become
unstable because of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
☐ ☐ ☒ ☐
Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building
Code (1994), creating substantial direct
or indirect risks to life or property?
☐ ☐ ☒ ☐
Is soil incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where
sewers are not available for the disposal
of wastewater?
☐ ☐ ☐ ☒
Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
☐ ☐ ☐ ☒
Conclusion
Increasing the density of the area is not anticipated to directly or indirectly cause potential substantial adverse effects related to Geology and Soils. The project site has been shown to be located on land not within an Alquist-Priolo Earthquake Fault Zone nor any area prone to earthquakes, liquefaction, landslides, and seismic ground shaking. The project action is not anticipated to result in substantial soil erosion or loss of topsoil most of the sites designated for development are on urban, previously developed land. Therefore, the project action will have no significant impact.
While most of the project site lies within already developed urban lands with a gentle slope, some portions of the project site intended for density increase include land with steeper slopes and soils whose potential for runoff range from medium to high. Existing building permit requirements that review soil conditions and appropriate design response can mitigate these potential issues. In following the guidelines set forth in the General Plan, the project action will have a less than significant impact on the area.
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It is anticipated that all developments located within the project site will be connected to a sewer system. Therefore, there will be no impact to septic tank requirements from the project action.
The project action is not anticipated to destroy any paleontological resource, site, or unique geologic feature. Therefore, there will be no impact to this concern from the project action.
Although there are no active faults in the Project area, the proposed Project site is located near several active faults and is in an area subject to strong ground shaking from earthquakes along the active San Andreas and Hayward faults. Therefore, there is a possibility that the site may experience ground shaking from periodic minor earthquakes and possibly a major earthquake.
Mitigation Measures
The Town’s policies and regulations address development on project sites with expansive soil, therefore no mitigation is required.
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3.8 Greenhouse Gas Emissions
Environment and Regulatory Settings
In 2018, the California Natural Resources Agency finalized amendments to the CEQA Guidelines (section 15064.4), which address the analysis of greenhouse gas emissions. • The focus of the lead agency’s analysis should be on the project’s effect on climate change, rather than simply focusing on the quantity of emissions and how that quantity of emissions compares to Statewide or global emissions. (See CEQA Guidelines, § 15064.4, subd. (b).)
• The impacts analysis of greenhouse gas emissions is global in nature and thus should be considered in a broader context. A project’s incremental contribution may be cumulatively considerable even if it appears relatively small compared to Statewide, national or global emissions. (See CEQA Guidelines, § 15064.4, subd. (b).) • Lead agencies may rely on plans prepared pursuant to section 15183.5 (Plans for the Reduction of Greenhouse Gases) in evaluating a project’s greenhouse gas emissions. (See CEQA Guidelines, § 15064.4, subd. (b)(3).
In the context of global climate change, the greenhouse gas impacts of this project, which, when added to similarly “insignificant” impacts throughout the world, may be considered significant and might require mitigation.
In the same round of amendments, however, the California Natural Resources Agency stipulated:
“In determining the significance of a project’s impacts, the lead agency may consider a project’s consistency with the State’s long-term climate goals or strategies, provided that substantial evidence supports the agency’s analysis of how those goals or strategies address the project’s incremental contribution to climate change and its conclusion that the project’s incremental contribution is consistent with those plans, goals, or strategies.” (See CEQA Guidelines, § 15064.4, subd. (b)(3).)
The San Anselmo Climate Action Plan (CAP) 2030 was adopted by the Town Council on June 11, 2019. The CAP is the Town’s local policy took to develop strategies and guide the implementation of local, measurable actions needed to address climate change by dramatically reducing the Town’s greenhouse gas emissions (GHG). Specifically, the CAP includes measures designed to support and implement the Six Pillars and the goals of the State of California’s 2017 ATTACHMENT 19 1700
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Climate Change Scoping Plan on a local level. Through this plan, San Anselmo expects to achieve a 54% GHG emissions reduction by 2030 from a 2005 baseline (or 45% below 1990 level and a higher than the current California goal of 40% below 1990 levels by 2030). Additionally, they expect that they will reach carbon neutrality no later than 2045 (same as Governor Jerry Brown’s Executive Order B-55-18).
Specific actions that apply to the Housing Element include:
• Green Building Reach Code - Investigate adopting a green building ordinance for new and remodeled commercial and residential projects that requires green building methods and energy efficiency savings above the State building and energy 22 codes.
Consider utilizing the County's green building ordinance as a model and including the use of photovoltaic systems and all-electric building systems as options to achieve compliance.
• Streamline Permit Process and Provide Technical Assistance - Analyze current green building permit and inspection process to eliminate barriers and provide technical assistance to ensure successful implementation of green building requirements.
Participate in countywide efforts to make it easier for contractors and building counter staff to simplify applications and identify incentives. • Zero Emission Vehicles - Implement an Electric Vehicle Strategy that will result in 3,000 zero emission vehicles (ZEVs), including plugin electric vehicles (EVs) and hydrogen fuel cell electric vehicles, in San Anselmo by 2030.
• Urban Forests and Ecosystems - Increase carbon sequestration, and improve air quality and natural cooling, through increasing appropriate (e.g., native, drought resistant, fire resilient) tree cover, other vegetation, and healthy soils in San Anselmo. Especially:
o Continue to regulate and minimize removal of large trees and require planting of replacement trees and other appropriate vegetation as per San Anselmo Municipal Code 4-13.06.
o Require that the site planning, construction and maintenance of new development preserve existing healthy trees and native vegetation on site to the maximum extent feasible, considering fire safety. Replace trees and vegetation not able to be saved, consistent with fire department Vegetation Management Plans.
o Encourage community members to plant appropriate tree species on private land. Evaluate creating a tree giveaway event or providing lower-cost trees to the public through a bulk purchasing program.
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o Encourage the creation of community no-till gardens and healthy soils management on public lands by community groups and on private lands by individual households.
o Provide information to the public, including landscape companies, gardeners and nurseries, on carbon sequestration rates, drought tolerance, soil management, and fire resistance of different tree and vegetation species as well as healthy soils management.
Many of these policies have already been implemented.
As mentioned above, the HEU does not propose new land development. Rather, San Anselmo intends to meet the additional housing capacity consistent with State law through maximizing capacity on the existing developed parcels though redevelopment. These future housing sites are required to adhere to all federal, State and local requirements for minimizing construction and operational pollutant emissions.
The Housing Element supports the San Anselmo Climate Action Plan by supporting Smart Growth Development. As the plan stipulates:
• Smart Growth Development - Maintain existing zoning that allows for infill, higher density, and mixed-use development near transit and within walking distance to shopping, schools, and services.
The Housing Element goes beyond this measure by further increasing residential density in certain zoning districts.
The Housing Element also supports the Marin County Climate Change Action Plan supporting transit-oriented mixed-use development and rezoning single family homes. The Plan states that “over 50% of countywide emissions are attributed to the transportation sector and this development approach would decrease dependence on cars for mobility. Existing zoning may need revisions to allow for increased density and mixed-uses near transit, e.g. SMART train stations.”
By making these zoning changes, including changes that rezone single family areas into higher density districts, San Anselmo is contributing to an ongoing process of densifying Marin County, which: “will allow more people to live near transit and job sites, reducing transportation related GHG emissions. It will also allow Marin to house its workers and residents without encroaching ATTACHMENT 19 1702
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on our protected open space. Without rezoning, there is limited opportunity for new housing development in Marin.”
These local plans support regional efforts. The Bay Area Plan 2050: A Plan for the Future (2021) encourages a mix of residential densities and transit-oriented development patterns to improve transportation and environmental impacts for residents in Bay-Area towns like San Anselmo:
“Transportation and environmental strategies that support active and shared modes, combined with a transit-supportive land use pattern, are forecasted to lower the share of Bay Area residents that drive to work alone from 50% in 2015 to 33% in 2050. Greenhouse gas emissions from transportation would decrease significantly because of these transportation and land use changes, and the Bay Area would meet the State mandate of a 19% reduction in per capita emissions by 2035 — but only if all strategies are implemented.” Analysis Methodology and Thresholds of Significance
As indicated above, the HEU is consistent with relevant regulations, plans, policies, and regulatory programs for greenhouse gas emissions. The development of denser residential zones is expected to create homes with reduced greenhouse gas emissions through increased energy efficiency and lower VMT per resident through smart growth and transit-oriented development.
California Senate Bill 743 (2013) mandated a change in CEQA guidelines to utilize VMT as opposed to vehicle flow or traffic congestion as a more appropriate metric for assessing traffic impacts associated with projects, especially those with goals of helping to achieve climate commitments and improving health and safety.
A benefit from increased residential density is increased energy efficiency per housing unit.
Denser housing typologies, such as multifamily, attached, and semi-attached units, require less energy. California’s established Title 24 Energy Code will continue to require greater energy efficiency and reduced greenhouse gas emissions from new and renovated buildings. With increased residential density near transit and commercial zones, there is a significant opportunity to reduce trips and transition commuters away from frequent personal vehicle use.
As mentioned above, construction projects are required to comply with CARB and other State and federal regulations that restrict vehicle idling and require the use of fuel-efficient equipment. This will reduce energy use and air pollution, including greenhouse gases.
ATTACHMENT 19 1703
Town of San Anselmo Housing Element Update 75
Initial Study
A significant number of the affected residential areas in the Housing Element are located on Sir Francis Drake Boulevard and Red Hill Avenue. These commercial corridors are served by Marin Transit bus routes 22, 23, 23x, 68, 132, and 228, several of which connect to the SMART San Rafael and Larkspur rail stations. Along with the existing retail mix, available parking, and transit access, the increased density in these areas supports transportation-oriented development (TOD).
The Institute for Transportation-Oriented Development cites many advantages to TOD development, including the following environmental and housing benefits:
• Reduced traffic congestion
• Reduced household spending on transportation, resulting in more affordable housing • Healthier lifestyle with more walking
• Increased foot traffic and customers for area businesses • Greatly reduced dependence on foreign oil, reduced pollution, and environmental damage
The benefits of this development pattern is underscored by the transportation analysis conducted by Parisi Transportation Consulting, which concludes that the project would decrease VMT:
“…the Project would generate daily home-based VMT per resident of 11.1, which represents a reduction of 29.6% from the County average of 15.8. This figure is below the threshold of significance (13.4), and hence indicates that development of Housing Element Update housing units would result in a less than significant transportation impact. This result is due to most housing opportunity sites being located near complementary land uses near downtown and with access to alternative means of transportation. These attributes reduce vehicle trips and trip length, both of which reduce VMT.”
The continuing effort to build communities in keeping with this more sustainable strategy will, over time, help transition residents away from more fossil fuel-dependent lifestyles and significantly reduce greenhouse gas emissions.
ATTACHMENT 19 1704
Town of San Anselmo Housing Element Update 76
Initial Study
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
☐ ☐ ☒ ☐
Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
☐ ☐ ☐ ☒
Conclusion
The HEU is expected to have less than significant impact on greenhouse gas emissions. The HEU is consistent with all relevant regulations, plans, policies, and regulatory programs that promote greater residential density and increased transportation mode options to fight greenhouse gas emissions.
Mitigation Measures
As established Federal, State, and Local policies will minimize greenhouse gas emissions associated with the HEU, no additional mitigation is necessary.
ATTACHMENT 19 1705
Town of San Anselmo Housing Element Update 77
Initial Study
3.9 Hazards and Hazardous Materials
Environmental and Regulatory Setting
Federal Regulations
Toxic Substances Control Act/Resource Conservation and Recovery Act/Hazardous and Solid Waste Act. The Federal Toxic Substances Control Act of 1976 and Resource Conservation and Recovery Act (RCRA) established a program administered by the U.S. EPA for the regulation of the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA was amended in 1984 by the Hazardous and Solid Waste Act, which affirmed and extended the “cradle to grave” system of regulating hazardous wastes.
State Regulations
California Department of Toxic Substances Control
The California Department of Toxic Substances Control (DTSC) regulates hazardous waste primarily under the authority of the RCRA and Title 22 of the California Public Health and Safety Code. The DTSC regulates hazardous waste, maintains a public database of potentially contaminated properties (through its List and Hazardous Materials Division [HMD] database), cleans up existing contamination, and research ways to reduce the hazardous waste produced in the State. The HMD is the Certified Unified Program Agency (CUPA) for Marin County and is responsible for regulating hazardous materials business plans and chemical inventory, hazardous waste and tiered permitting, underground storage tanks, above ground petroleum storage, and risk management plans.
The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies, and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites.
Government Code section 65962.5 requires the California Environmental Protection Agency (CEPA) to develop at least annually an updated Cortese List. DTSC is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List.
DTSC’s Brownfields and Environmental Restoration Program (Cleanup Program) EnviroStor database provides DTSC’s component of Cortese List data by identifying Annual Workplan (now referred to State Response and/or Federal Superfund), and Backlog sites listed under Health and Safety Code section 25356. In addition, DTSC’s Cortese List includes Certified with ATTACHMENT 19 1706
Town of San Anselmo Housing Element Update 78
Initial Study
Operation and Maintenance sites. None of the sites listed in this database are in the Town of San Anselmo.
Local Hazard Mitigation Plan
The Disaster Mitigation Act of 2000 requires all local governments to create such a disaster plan to qualify for hazard mitigation funding. As of 2018, the Town of San Anselmo has adopted a Local Hazard Mitigation Plan (LHMP). These plans are specific to natural disaster response.
Guidelines in this analysis are generally not geared toward the creation of housing sites. These guidelines target more industrial and commercially oriented projects. However, environmental exposure to hazardous materials can occur through transportation accidents; environmentally unsound disposal methods; improper handling of hazardous materials or hazardous wastes (particularly by untrained personnel); and/or emergencies, such as explosions or fires. The severity of these potential effects varies by type of activity, concentration and/or type of hazardous materials or wastes, and proximity to sensitive receptors.
Demolition and construction activities associated with future housing development facilitated by the HEU may require transport of hazardous materials (e.g., asbestos-containing materials, lead-based paint, and contaminated soils). Transport of hazardous materials during construction would be limited in duration since construction impacts are typically short term and cease upon project completion. Projects that require demolition would be required to comply with handling measures specified by the County’s Department of Environmental Health and San Anselmo’s Construction and Demolition permit policies and regulations. These measures include standards and regulations regarding the storage, handling, and use of hazardous materials.
Future housing projects facilitated by the HEU will be reviewed individually and on a case-bycase basis. Limited construction exposure is concerning. However, overall, if redevelopment is a catalyst for addressing environmental concerns from the past, the result can be a project that addresses many levels of environmental concerns.
Future housing development facilitated by the HEU would not involve ongoing or routine use of substantial quantities of hazardous materials during the final site operations (occupancy of future housing). Only small quantities of hazardous materials would be anticipated including cleaning solvents, fertilizers, pesticides, and other materials used in regular maintenance.
Additionally, according to the General Plan Safety Element, the Hazardous Waste Management Plan provides policy direction and action programs to address hazardous waste management issues that require local responsibility. Additionally, the storage, management, and disposal of ATTACHMENT 19 1707
Town of San Anselmo Housing Element Update 79
Initial Study
any hazardous materials is required to be done in accordance with the federal, State, and local regulations.
The HEU would not result in direct housing construction but would facilitate future housing development. Therefore, excavation and grading activities associated with future housing development could expose construction workers and the public to unknown hazardous materials present in soil or groundwater. All future housing development on the candidate housing sites in the Town would be reviewed to confirm compliance with all applicable requirements, including the Town’s development review process and consistency with the regulatory framework for minimizing upset associated with hazardous materials.
Future housing development on currently developed candidate housing sites would be subject to demolition permits, which would be subject to the Town’s Building Division building permit plan check review process. It is possible that unknown wastes or suspect materials could be discovered during construction. Therefore, implementation of site-specific processes would be required. The State of California provides specific guidelines when contractors identify suspected hazardous wastes that are inadvertently discovered during construction. Future assessments for future housing projects would include a review of local, State, tribal, and federal environmental record sources, standard historical sources, aerial photographs, fire insurance maps, and physical setting sources.
Although future housing development construction could accidentally involve the release of hazardous materials into the environment, the Town’s development review process, compliance with the State and County policies germane to this topic ensure that no significant hazard would be created. Following compliance with the established regulatory framework, all federal, State, and local ordinances will apply and be followed.
CEQA requires an analysis of any risks of hazardous materials being released within a quarter mile of a school. It goes without saying that housing and schools are compatible and desired companion land uses. Typically housing projects and proximity to schools are desirable combinations. This project by its nature is not one that would generate large amount of hazardous waste or volatile materials that may be the case with more commercial and industrial site developments such as a fuel dispensing business. However, this analysis will look at all aspects of this concern.
Any future housing development facilitated by the HEU would need to adhere to mandatory requirements and regulations related to the emissions or handling of hazardous materials, ATTACHMENT 19 1708
Town of San Anselmo Housing Element Update 80
Initial Study
substances, or wastes near schools to reduce the potential for impacts to schools. Housing sites and schools are generally desired and compatible.
Adherence to California Hazardous Waste Control Law, California Health and Safety Code, and RCRA regulations, which regulate how to transport and handle hazardous and non-hazardous materials and waste, would reduce potential impacts associated with the accidental release of hazardous materials. As a result, future housing development facilitated by the HEU would not conflict with any State or local plan aimed at preventing emissions or handling of hazardous materials near schools. Therefore, the HEU’s impact would be less than significant, and no mitigation is required.
Government Code Section 65962.5 (commonly referred to as the Cortese List) includes DTSClisted hazardous waste facilities and sites, Department of Health Services lists. No sites in San Anselmo were observed on this list.
ATTACHMENT 19 1709
Town of San Anselmo Housing Element Update 81
Initial Study
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
☐ ☐ ☐ ☒
Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment?
☐ ☐ ☒ ☐
Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
☐ ☐ ☒ ☐
Be located on a site which is included on
a list of hazardous materials sites
compiled pursuant to Government Code
§ 65962.5 and, as a result, would it create
a significant hazard to the public or the
environment?
☐ ☐ ☒ ☐
For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard or
excessive noise for people residing or
working in the project area?
☐ ☐ ☐ ☒
Impair implementation of or physically
interfere with an adopted emergency ☐ ☐ ☐ ☒
ATTACHMENT 19 1710
Town of San Anselmo Housing Element Update 82
Initial Study
response plan or emergency evacuation
plan?
Expose people or structures, either
directly or indirectly, to a significant risk
of loss, injury or death involving wildland
fires?
☐ ☐ ☐ ☒
Conclusion
The HEU does not create any risks regarding Hazardous Materials beyond the risks that are inherent to every construction project. Those risks of accidents, spills, etc. are to be addressed by pre-existing legislation, permitting, and inspection requirements.
Mitigation Measures
Mitigation with regards to Hazardous Material is not required as the result of the HEU. The project is proposing housing and not sites that are typically considered to be high risk or associated with large amounts of these types of materials. Additionally, the Town is not within an airport land use plan or within two miles of a public airport.
The HEU will occur within the town’s existing footprint. The proposed housing sites are not impacting large number of undeveloped lands, nor it this update being proposed in areas that have not been developed prior to this update. Hazard response should be known and while some updating of these plans will be required to accommodate the proposed increased density, this will occur after the construction process and may be the course of regular and routine plan updates
While the checklist specifically mentions conditions related to wildfires, the Town of San Anselmo does have known issues with flooding and issues related to the San Anselmo Creek overtopping its banks. The established development plan review and building permit processes will ensure that any appropriate hazard mitigation for properties near this waterway is adequately taken into consideration.
ATTACHMENT 19 1711
Town of San Anselmo Housing Element Update 83
Initial Study
3.10 Hydrology and Water Quality
No hydrological studies were prepared for this document. Candidate housing sites were evaluated in this Study at a programmatic level based on information available to the Town of Anselmo where reasonably foreseeable, direct and indirect changes in the environment could be considered. Detailed analysis was not conducted.
Environmental and Regulatory Setting
Federal Regulations
Clean Water Act (CWA) - establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1972.
Under the CWA, EPA has implemented pollution control programs such as setting wastewater standards for industry. EPA has also developed national water quality criteria recommendations for pollutants in surface waters.
The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was issued. National Pollution Discharge Elimination System (NPDES) permit program controls discharges.
• Point sources are discrete conveyances such as pipes or man-made ditches. o Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need a NPDES permit; o Industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters.
State Regulations
Porter-Cologne Water Quality Control Act (Water Code, § 13000 et seq.) This is the principal law governing water quality within the State of California. This act establishes the framework to protect water quality and establish the criteria for the beneficial uses of water. Unlike the Clean Water Act, the Porter-Cologne Act applies to both ground water and surface water.
ATTACHMENT 19 1712
Town of San Anselmo Housing Element Update 84
Initial Study
Regional Regulations
In 1993, the Marin County Flood Control and Water Conservation District, which is comprised of Marin’s 11 cities, towns, and the County, established the Marin County Stormwater Pollution Prevention Program (MCSTOPPP). Each MCSTOPPP member agency implements a local stormwater pollution prevention program and funds the countywide MCSTOPPP, which provides for the coordination and consistency of approaches between the local stormwater programs. MCSTOPPP staff implement permit compliance tasks and track stormwater regulations on behalf of the member agencies. We also document local and countywide permit compliance efforts in annual reports to the San Francisco Bay Regional Water Quality Control Board.
Local Regulations
To ensure protections to hydrology and waterways, the Town has the following regulatory policies:
1. Title 5, Chapter 8, Urban Runoff Pollution Prevention, of the San Anselmo Municipal Code.
The purpose of this chapter is to ensure the future health, safety, and general welfare of Town of San Anselmo citizens and to protect and enhance watercourses, fish, and wildlife habitat by:
(a) Minimizing discharges other than storm runoff to storm drains or watercourses; (b) Responding to the discharge of spills, preventing and controlling the discharge of spills to storm drains or watercourses, and prohibiting dumping or disposal of materials other than stormwater;
(c) Reducing pollutants in stormwater discharges to the maximum extent practicable; (d) Requiring operators of construction sites, new or redeveloped land, and industrial and commercial facilities to install, implement, and maintain appropriate best management practices (BMPs); and
(e) Requiring development projects to maintain or reduce the volume, velocity, peak flow rate, and duration of runoff as compared to the pre-development stormwater runoff rates; and preventing stormwater pollution whenever possible, through stormwater management controls and ensuring that these management controls are properly maintained.
The intent of this chapter is to protect and enhance the water quality of the State's and Nation's watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act (33 U.S.C. §1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), and the Phase II Small Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System ATTACHMENT 19 1713
Town of San Anselmo Housing Element Update 85
Initial Study
(NPDES) Permit, Water Quality Order No. 2013-0001—DWQ, General Permit No.
CAS000004 (Phase II Stormwater Permit) and subsequent revisions and amendments thereto.
2. Title 7, Chapter 11, Protection of Flood Hazard Areas, of the San Anselmo Municipal Code.
The purpose of the regulations is to ensure the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood related erosion areas. These regulations are designed to:
(a) Protect human life and health; and
(b) Minimize expenditure of public money for costly flood control projects; and (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; and
(d) Minimize prolonged business interruptions; and
(e) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; and
(f) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; and
(g) Ensure that potential buyers are notified that property is in an area of special flood hazard; and
(h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
3. Title 7, Chapter 12, Watercourses, of the San Anselmo Municipal Code. The purpose of this chapter is to ensure proper drainage and the free and unobstructed flow of water in the Town.
ATTACHMENT 19 1714
Town of San Anselmo Housing Element Update 86
Initial Study
Analysis Methodology and Thresholds of Significance
Water quality within the Town is regulated by the State Water Resources Control Board through the National Pollution Discharge Elimination System (NPDES) program, which was established by the Clean Water Act. The San Francisco Bay Regional Water Quality Control Board issues and enforces the NPDES permits for discharges to water bodies in the portion of Marin County that drains to the San Francisco Bay.
Projects disturbing more than one acre of land during construction are required to file a notice of intent to be covered under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity for discharges of storm water associated with construction activities.
The applicant must propose storm water quality control measures that are consistent with this permit and consistent with recommendations and policies of the local agency and the Regional Water Quality Control Board. The General Construction Permit requires development and implementation of a Storm Water Pollution Prevention Plan that includes storm water best management practices to control runoff, erosion and sedimentation from the site both during and after construction. The Town enforces the NPDES regulations through required compliance with regulations in the municipal code.
There are provisions for erosion control regulations focused on preventing sedimentation and damage off-site, as well as regulations regarding urban runoff and minimization of erosion that can impact surface water quality. Its purposes are, in part, to require operators of construction sites, new or redeveloped land, and industrial and commercial facilities to install, implement, or maintain appropriate best management practices that that substantially reduce urban pollutants in storm water runoff discharged from a site during construction and operations.
The regulations also include a standard that requires maintaining pre-development stormwater runoff rates under post-development conditions and preventing nonpoint source pollution through on-site stormwater management controls and ensuring that these controls are properly maintained. Compliance with the requirements of the NPDES General Permit as enforced by municipal code regulations would ensure that potential water quality impacts are less than significant.
The Town of San Anselmo is located within the Ross Valley Groundwater Basin and receives a nominal amount of water from the Santa Rosa Groundwater Basin (Marin Municipal Water District 2021). The proposed project would increase demand for domestic water supply and according to the Marin Municipal Water District Plan, there is an excess capacity in the system to meet the projected growth.
ATTACHMENT 19 1715
Town of San Anselmo Housing Element Update 87
Initial Study
Several Housing Element sites are located adjacent to the San Anselmo Creek. Development on these sites would be required to maintain setbacks such that no alteration of the creeks would occur. Since all but 3 of the sites are already developed, there would not be a significant change in impervious surfaces and the Town’s regulatory process will ensure proper drainage and water quality.
All sites being pursued through the land development process will implement the most modern stormwater best management practices pursuant to NPDES requirements as enforced through regulations in the municipal code. One of these practices to prepare a stormwater control plan, which identifies the best management practices for stormwater quality management to be implemented on a development site and to demonstrate that a new development project would not increase the rate of stormwater discharge from a site relative to predevelopment conditions. This uniformly applied regulation would ensure that runoff from new development on the opportunity sites does exacerbate existing flood hazards or exceed the capacity of the existing stormwater management system.
Flooding
According to the Federal Emergency Management Agency (FEMA) Flood Map Service Center, portions of the Town are within a flood hazard zone (Federal Emergency Management Agency 2022). Some of these sites are developed and are within a flood hazard zone. Risks to public safety from new development within a flood hazard zone are managed through the federal, State, and local regulations. New development within a flood hazard zone would have the potential to impede or redirect flood flows in a manner that exacerbates upstream or downstream flooding primarily by reducing flood storage capacity.
The federal, State, and local regulations include provisions for construction in a floodway that require new development to implement measures that avoid increasing the base flood elevation such that such development would avoid impeding or redirecting flood flows in a manner that exacerbates existing flood hazard potential. Required conformance of qualifying projects with these uniformly applied regulations would ensure that this potential impact would less than significant.
There are no tsunami or seiche hazards zones in the Town. As described above, several of the opportunity sites are in flood hazard zones. These sites include existing residential and/or commercial development. Under the proposed Housing Element Update, these sites could be developed with the same types of uses, neither of which involve use of acutely hazardous ATTACHMENT 19 1716
Town of San Anselmo Housing Element Update 88
Initial Study
materials with significant potential to cause substantial environmental impacts if released a during flood event.
The Sustainable Groundwater Management Act is a state law requiring groundwater basins to be sustainable. The Act enables eligible local agencies to form groundwater sustainability agencies, whose roles are to develop groundwater sustainability plans for designated basins to ensure that groundwater supply is managed to be sustainable.
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface
or ground water quality?
☐ ☐ ☒ ☐
Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
☐ ☐ ☒ ☐
Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:
☐ ☐ ☒ ☐
I.) result in a substantial erosion or
siltation on- or off-site; ☐ ☐ ☐ ☒
II) substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite
☐ ☐ ☒ ☐
ATTACHMENT 19 1717
Town of San Anselmo Housing Element Update 89
Initial Study
III). create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater drainage
systems or provide substantial additional
sources of polluted runoff; or
☐ ☐ ☒ ☐
IV). impede or redirect flood flows? ☐ ☐ ☒ ☐
V). In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
☐ ☐ ☒ ☐
VI). Conflict with or obstruct
implementation of a water quality
control plan or sustainable groundwater
management plan?
☐ ☐ ☒ ☐
Conclusion
All future housing development facilitated by the HEU would be subject to the Town’s development review process, which may include review pursuant to CEQA, and be required to comply with General Plan policies, local, county, State and federal standards, and required to adhere to all requirements for avoiding and minimizing conflicts with or obstruction of implementation of a water quality control plan or sustainable groundwater management plan.
As a result, future housing development facilitated by the HEU would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Therefore, impacts would be less than significant Mitigation Measures
The Town’s current policies and regulations in place address any potential impacts and no mitigation is required.
ATTACHMENT 19 1718
Town of San Anselmo Housing Element Update 90
Initial Study
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ATTACHMENT 19 1719
Town of San Anselmo Housing Element Update 91
Initial Study
3.11 Land Use and Planning
This section describes and evaluates potential impacts related to land use and planning as a result of the San Anselmo HEU. This section includes 1) a description of the existing environmental setting for land use and planning; 2) a summary of the federal, State, and local regulations related to land use and planning; and 3) an analysis of the potential impacts to land use and planning associated with the implementation of the Housing Element.
CEQA Guidelines section 15125 states that the EIR shall discuss “any inconsistencies between the proposed project and applicable general plans, specific plans, and regional plans.” Because the project under evaluation is a change to the local general plan, it will be evaluated for alignment and compliance with the relevant regional, State, and federal regulations.
Environmental and Regulatory Setting
California Housing Element Law – Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community.
Local governments meet this requirement by adopting housing elements as one of the eight parts of their general plan. The General Plan is also a requirement issued by the State. State funding programs for transportation, infrastructure, and housing often require compliance with Housing Element Law. The State of California is now on its 6th HEU cycle. housing element update cycle.xii
AB 686: all State and local agencies must ensure that their laws, programs, and activities affirmatively further fair housing, and take no action inconsistent with this obligation. All housing elements must include a program that promotes and affirmatively furthers fair Housing Element throughout the community. The housing elements must include an Assessment of Fair Housing consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing Final Rule of 2015, timeline of concrete actions, a land inventory, and site identification.
xiii
Regional Housing Needs Allocation (RHNA) – Since 1969, the State of California has required each jurisdiction to plan for its share of the State’s housing needs for people of all income levels. Every eight years, the allocation for each jurisdiction is determined and divided into four income categories: very low, low, moderate, and above moderate. The San Anselmo HEU has been developed to meet these requirements and create a policy environment that allows for 833 additional housing units within the Town. To achieve this, the strategy emphasizes building to allowable unit density, and in some cases, increasing the allowable density. The Housing ATTACHMENT 19 1720
Town of San Anselmo Housing Element Update 92
Initial Study
Element is written specifically to meet the requirements of the Regional Housing Needs Allocation and, therefore, does not conflict with it.
Analysis Methodology and Thresholds of Significance
This Initial Study covered the major plans and regulations that either govern or are meant to complement the Town of San Anselmo HEU. For land use, this mainly includes zoning regulations governing land use and development density. See the table below for a summary of housing opportunity site location and density changes across the nine zoning districts represented.
Table 3.2. Housing Opportunity Site Inventory by Zoning District Zoning District Parcel
count %
of total
Land
Area
(acres)
% of
total
Housing unit
count
Density (housing units/acre)
Existing Potenti
al new
% of
total
Current
limit
Proposed
limit
C-2
Downtown
Commercial
10 6.62%
2.28 5.04%
1 44
5.51%
20 20
C-3
General
Commercial
70 46.45%
22.02 48.66%
44 425
53.26%
20 30
C-L
Limited
Commercial
12 7.95%
3.36 7.42%
2 64
8.02%
20 30
PPD
Preliminary
Planned
Development
1 0.66%
5.33 11.78%
0 112
14.04%
Varies 30
SPD
Specific
Planned
Development
5 2.9%
1.75 3.87%
2 33
4.14%
Varies 30
R-1 38
25.21%
7.52 16.62%
36 78
9.77%
6 6
ATTACHMENT 19 1721
Town of San Anselmo Housing Element Update 93
Initial Study
Zoning District Parcel
count %
of total
Land
Area
(acres)
% of
total
Housing unit
count
Density (housing units/acre)
Existing Potenti
al new
% of
total
Current
limit
Proposed
limit
Single Family
Residential
R-1-H
Single Family
Residential –
Very Low
Density
1 0.66%
0.28 0.62%
0 5
0.63%
1 30
R-2
Medium
Density
Residential
13 8.61%
2.7 5.97%
19 34
4.26%
12 30
R-3
High Density
Residential
1 0.66%
0.15 0.03%
0 3
0.38%
20 30
Total 151 45.26 104 798
The total of 798 potential new units indicated in the preceding table plus the 37 pipeline projects totaling 54 units, have been either entitled or being reviewed by the building permit process exceeds the 833 units proposed in the HEU by 54 units. This recognizes that not all potential units are expected to be created during the HEU timeframe due to property owner preference or other factors. This Initial Study focuses on impacts of 833 potential units.
Of the 151 parcels proposed as housing opportunity sites, 148 or 95% already have been improved with either a building and/or infrastructure improvements, such as parking lots. Of the remaining three vacant parcels, two are vegetated with grass and one is wooded. Thus, the proposed housing opportunity sites primarily involve parcels that have already been altered through development.
The primary proposed change is an increase in allowable housing unit density (measured in units per acre) on the designated housing opportunity sites. The extent of increase varies among the zoning districts in which the housing opportunity sites are located. In all cases, the ATTACHMENT 19 1722
Town of San Anselmo Housing Element Update 94
Initial Study
proposed density increase can be readily accommodated within existing dimensional regulations that define maximum permissible building envelope. A two-story height limit applies to all parcels. Residential zone parcels are further restricted by a maximum site coverage of 35% and setbacks. Commercial zone parcels allow up to 100% lot coverage, but this is reduced by required setbacks at adjoining residential zones, and by maximum floor area ratios (gross building floor area divided by parcel area) of 1.0 in C-3 and C-L zones and 2.0 on C2 and PPD zones. Accommodating the proposed Housing Element program would not require exceeding these envelopes.
Over two-thirds of the potential new housing units on proposed housing opportunity sites are in commercial and SPD zones along San Anselmo’s major streets. This approach is advocated in Objective 3 of San Anselmo’s General Plan. By transforming commercial corridors into neighborhoods (with continued presence of community-serving commercial services), this approach offers potential to expand and connect areas of strong neighborhood character. It would not physically divide neighborhoods.
The proposed housing sites and density increase are consistent with current development policy by zoning district:
• C-2: Housing is currently allowed subject to a Conditional Use Permit in the C-2 Zoning District and has a density of 20 dwelling units per acre and a 2.0 existing maximum floor area ratio. The HEU would include a Zoning Code amendment to allow residential units as a permitted use. The proposed Zoning Code for the C-2 Zoning District would be compatible with the surrounding development patterns and would create negligible impacts. • C-3: Housing is currently allowed subject to a Conditional Use Permit in the C-3 Zoning District and has a density of 20 dwelling units per acre with a 1.0 existing maximum floor area ratio. The HEU would include a Zoning Code Amendment to allow residential units as a permitted use, increase the density from 20 dwelling units/acre to 30 dwelling units/acre, increase the maximum floor area ratio to 2.0, and increase the height of a structure from 30-feet to 35-feet. The proposed Zoning Code Amendments for the C-3 Zoning District would be compatible with the surrounding development patterns and would create negligible impacts.
• C-L: Housing is currently allowed subject to a Conditional Use Permit in the C-L Zoning District and has a density of 20 dwelling units per acre with a 1.0 existing maximum floor area ratio. The HEU would include a Zoning Code Amendment to allow residential units as a permitted use, increase the density from 20 dwelling units/acre to 30 dwelling units/acre, increase the maximum floor area ratio to 2.0, and increase the height of a structure from 30-feet to 35-feet. The proposed Zoning Code Amendments for the C-L Zoning District ATTACHMENT 19 1723
Town of San Anselmo Housing Element Update 95
Initial Study
would be compatible with the surrounding development patterns and would create negligible impacts.
• R-1: Housing is a permitted use in the R-1 Zoning District with densities up to 6 dwelling units/acre. Proposed density is limited to adding a second unit per parcel and is consistent with the provisions of San Anselmo’s existing policy on Ministerial Housing Units (Zoning code Chapter 4). San Anselmo’s General Plan indicates there is already many examples of second units on R-1 parcels.
• R-1-H: Housing is a permitted use in the R-1 Zoning District with densities up to 1 dwelling unit/acre. Proposed density is limited to adding a second unit per parcel and is consistent with the provisions of San Anselmo’s existing policy on Ministerial Housing Units (Zoning code Chapter 4). San Anselmo’s General Plan indicates there is already many examples of second units on R-1-H parcels.
• R-2: Housing is a permitted use in the R-2 Zoning District with densities up to 12 dwelling units/acre. The building typologies allowed by zoning – single family, duplex and triplex – are adequate to accommodate the proposed housing densities on the proposed parcels.
The HEU would include a Zoning Code Amendment to allow 50% of the parcels to be developed with lot/building coverage.
• R-3: Housing is a permitted use in the R-3 Zoning District with densities up to 20 dwelling units/acre. Only one housing opportunity parcel falls in this zoning district, and the three proposed units can be accommodated with single family, duplex and/or triplex building typologies typical of the R-1 and R-2 zones at nearby parcels. The HEU would include a Zoning Code Amendments to allow densities up to 30 dwelling units/acre. • PPD and SPD: Proposed densities of up to 30 units per acre would be consistent with surrounding development patterns and zoning. Development of housing on the former school site on Sunny Hills Drive is supported by Objective 20 of San Anselmo’s General Plan.
Site-specific town review of proposals for the six housing opportunity sites in these zones will provide further opportunity for review and mitigation of any impacts.
Based on the regulations reviewed, no significant impacts were identified.
ATTACHMENT 19 1724
Town of San Anselmo Housing Element Update 96
Initial Study
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Physically divide an established
community?
☐ ☐ ☐ ☒
Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
☐ ☐ ☒ ☐
Conclusion
No significant impacts were identified and no need for mitigation has been identified.
Mitigation Measures
Since the HEU aligns with other local codes, laws, and plans and will not cause physical barriers between established communities, mitigation is not required.
ATTACHMENT 19 1725
Town of San Anselmo Housing Element Update 97
Initial Study
3.12 Mineral Resources
Environmental and Regulatory Setting
The conservation of mineral resources and reclamation of mining lands in California is managed by the State Mining and Geology Board.
According to the California Department of Conservation, Division of Mine Reclamation Mine Online Database, Nicasio Rock Quarry, Redwood/ Silveria Quarry, and Dutra Materials are the only sites in Marin County designated the State Mining and Geology Board as containing mineral deposits of regional significance. xiv A search on the Division of Mine Reclamation database yielded nine (9) mining sites in Marin County that are regulated under the Surface Mining and Reclamation Act of 1975 (SMARA) in California. xv None of these mineral and mining sites are located within the Town of San Anselmo. These sites are more than 5 miles away from the project site.
Impacts to Mineral Resources
The project site is not on or adjacent to the mining sites within Marin County. The project would not result in a loss of availability of a known mineral resource that would be of value to the region and to the residents of California.
The project site is not located in an area of San Anselmo or Marin County with known mineral resources or mining sites. Therefore, the project would not result in the loss of availability of a mineral resource recovery site.
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of
the State?
☐ ☐ ☐ ☒
ATTACHMENT 19 1726
Town of San Anselmo Housing Element Update 98
Initial Study
Result in the loss of availability of a
locally important mineral resource
recovery site delineated on a local
general plan, specific plan or other land
use plan?
☐ ☐ ☐ ☒
Conclusion
The project would not result in the loss of availability of a known mineral resource.
Mitigation Measures
Since there are no mineral deposits of regional significance located within a 5-mile boundary of the Town of San Anselmo boundaries, mitigation is not required.
ATTACHMENT 19 1727
Town of San Anselmo Housing Element Update 99
Initial Study
3.13 Noise
Environmental and Regulatory Setting
Noise is generally considered unwanted sound that is typically louder than background sounds.
The absolute loudness, or volume, of sound is generally measured in decibels (dB). For the analysis of noise, planners and regulators typically use A-weighted decibels (dBA), which is an expression of sound that gives a higher value to frequencies that can be perceived by the human ear.
According to the San Anselmo Municipal Code, a noise disturbance of 5 dBA that is declared a public nuisance is considered a violation, Section 4-7.404. Factors that influence whether a noise is, in fact, a public nuisance, include, per Section 4-7.401:
• The level of the noise;
• Whether the nature of the noise is usual or unusual;
• Whether the origin of the noise is natural or unnatural; • The level of the background noise, if any;
• The proximity of the noise to residential sleeping facilities; • The nature and zoning of the area within which the noise emanates; • The density of the inhabitation of the area within which the noise emanates; • The time of the day or night the noise occurs;
• The duration of the noise;
• Whether the noise is recurrent, intermittent, or constant; and • Whether the noise is produced by a commercial or noncommercial activity.
Analysis Methodology and Thresholds of Significance
Is there generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project more than standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
The development of an average of 110 units per year over the course of 8 years will create an increased level of noise from construction activity, with the necessary use of heavy vehicles and machinery.
Building codes are in place for the management of construction and demolition noise. For instance, Section 4-7.203 makes it “unlawful to operate any powered equipment if the ATTACHMENT 19 1728
Town of San Anselmo Housing Element Update 100
Initial Study
operation of such equipment emits a noise level of…eighty (80) dBA” when measured at the loudest point fifty (50) feet away from the equipment.
There are additional restrictions on when construction and demolition activity may occur and the type of impact tools (jackhammers) that may be used. Existing policies are expected to be sufficient to keep the noise impact at a less than significant level.
Noise will also increase somewhat due to additional vehicle traffic from ongoing construction and new residents. A transportation study for this Housing Element is pending; its findings will be integrated into this analysis as they become available.
Is there generation of excessive ground borne vibration or ground borne noise levels? There will be somewhat increased noise and vibration from large construction vehicles, but this is not expected to be a significant impact. Construction noise is temporary in nature.
For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The closest airfield is the San Rafael Airport, 2.5 miles northeast from the San Anselmo boundary. New residential development that occurs because of this Housing Element is not expected to expose those residents or workers to excessive noise levels from aviation sources.
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the
☐ ☐ ☒ ☐
ATTACHMENT 19 1729
Town of San Anselmo Housing Element Update 101
Initial Study
local general plan or noise ordinance, or
applicable standards of other agencies?
Generation of excessive ground borne
vibration or ground borne noise levels? ☐ ☐ ☒ ☐
For a project located within the vicinity of
a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or
working in the project area to excessive
noise levels?
☐ ☐ ☐ ☒
Conclusion
Town of San Anselmo General Plan includes a goal to reduce noise levels throughout the community in general with special efforts aimed at major circulation arteries. To implement this, they have set the following policies.
1. Promulgate information to all residents of the need for and methods of obtaining reduced noise levels.
2. Adopt, budget for, and enforce an effective noise ordinance and other ordinances relating to noise reduction.
3. The Town shall cooperate in the establishment of a countywide program of noise abatement when it has been developed.
4. The Town will work actively with the California Highway Patrol to police noise levels on moving vehicles.
As these established policies will mitigate potential noise impacts of the HEU, additional mitigation measures are not required.
Mitigation Measures
Noise levels will not significantly increase because of the HEU, and established policies will address related impacts, therefore mitigation is required.
ATTACHMENT 19 1730
Town of San Anselmo Housing Element Update 102
Initial Study
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ATTACHMENT 19 1731
Town of San Anselmo Housing Element Update 103
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3.14 Population and Housing
Environmental and Regulatory Setting
San Anselmo’s Housing Element is the primary guiding policy on population and housing. It incorporates population and housing objectives of the town’s General Plan as well as regional housing goals established by California’s Regional Housing Needs Assessment (RHNA) policy.
The Housing Element identifies rezoning and redevelopment strategies needed to reach the housing capacity required by the assessment.
Analysis Methodology and Thresholds of Significance
Because the proposed housing program comes from San Anselmo’s proposed Housing Element, its impacts are inherently planned and anticipated. Notably, the proposed housing opportunity sites and their development potential do represent a significant increase in rate of housing development and population growth compared to past decades. The 2015-2023 Housing Element, for instance, anticipated population growth from 12,600 in 2020 to 13,000 in 2030, an increase of 400 people. The proposed housing element anticipates at least 833 new housing units by 2030. If these are occupied by households averaging 2.34 people in size (San Anselmo’s 2010 average cited in 2015-2023 Housing Element), the resulting population increase could total approximately 1,500 people. Household sizes are trending lower, in part to larger numbers of seniors as a portion of the population, but nevertheless the 2020-2030 population growth could exceed three times the 400 people predicted in 2015. Recent trends toward more construction of multifamily housing, noted in the current General Plan and anticipated in the proposed Housing Element, provide means to accommodate this population growth with efficient use of land and other resources, and limited impacts on established neighborhoods.
ATTACHMENT 19 1732
Town of San Anselmo Housing Element Update 104
Initial Study
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
☐ ☐ ☐ ☒
Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
☐ ☐ ☐ ☒
Conclusion
No significant impacts were identified and no need for mitigation has been identified.
Mitigation Measures
No need for mitigation measures beyond the HEU itself has been identified.
ATTACHMENT 19 1733
Town of San Anselmo Housing Element Update 105
Initial Study
3.15 Public Services
Environmental and Regulatory Setting
The State of California has laws that establish regulatory requirements for development projects that will increase the demand put on public services. The projects generated by the HEU will be subject to the regulations related to public service impacts.
Laws in the State of California can be complex and confusing. This list is not provided as legal guidance, nor is it comprehensive. This information is providing information about common options that are available for local governments regarding the use of Public Lands.
State Regulations
Assembly Bills (AB) 2926, 1600, and 2751. To assist in providing facilities to serve students generated from new development projects, the State enacted Assembly Bill (AB) 2926 in 1986, which allows school districts to collect impact fees from developers of new residential, commercial, and industrial developments. Development impact fees are also referenced in the 1987 Leroy Greene Lease Purchase Act, which requires school districts to contribute a matching share of the costs for the construction, modernization, or reconstruction of school facilities.
Subsequent legislation has modified the fee structure and general guidelines.
In 1987, the provisions of AB 2926 have been expanded and revised by AB 1600, which limits the ability of a school district to levy School Fees unless (i) there is a need for the School Fee revenues generated, and (ii) there is a nexus or relationship between the need for School Fee revenues and the type of development project on which the school fee is imposed. (The requirements of AB 1600 were clarified with the passage in 2006 of AB 2751, which codifies the findings of Shapell Industries vs. Milpitas Unified School District.) Assembly Bills (AB) 1486 and California Education Code 17388. Provide guidance on surplus school properties. While AB 1486 provides that surplus school properties be used to meet the needs of HEU, AB 17388 which is part of the Education Code suggests that these properties be used to meet the local needs for parkland.
Senate Bill 50 and California Education Code Section 17620. Senate Bill (SB) 50, the Leroy F.
Greene School Facilities Act of 1998, was signed into law on August 27, 1998. These Assembly Bills provide a program for funding school facilities largely based on matching funds.
ATTACHMENT 19 1734
Town of San Anselmo Housing Element Update 106
Initial Study
The Quimby Act. Adopted in 1975, the Quimby Act allows public agencies to develop parkland and recreational facilities. The fee is imposed on developers as a condition of public agency approval of a tentative map or land subdivision process. In 2013, AB 1359 was subsequently passed to provide that where the city or county is proposing to use the fees to provide parks must have fewer than three acres of park area per 1,000 members. Additional requirements include: The city or county must hold a public hearing before using the fees in another neighborhood; The city or county must find it reasonably foreseeable that the new subdivision’s residents will use the park facilities in the other neighborhood; And finally, the city or county must use the fees in areas consistent with the city or county’s local Quimby Act ordinance and General Plan. Municipalities may also enter into a joint or shared use agreement with other municipalities or the County to provide additional park and recreation access.
Local requirements
The Town of San Anselmo does not have any Quimby Act regulations, or any similar laws related to Public Services.
Non-government
Finally, the National Recreation and Parks Administration (NRPA) have suggested guidelines for park land acquisitions. NRPA is a non-government agency and is the leading not-for-profit organization dedicated to building strong, vibrant, and resilient communities through the power of parks and recreation. Under guidance from NRPA, 10 acres of parkland for every 1,000 people is recommended. However, these are suggested guidelines and NRPA advocates that each municipality knows the ideal park land metric to meet their individual scenarios.
Analysis Methodology and Thresholds of Significance
Fire Services
The Ross Valley Fire Department provides consolidated fire protection and related services for Ross, San Anselmo, Sleepy Hollow and Fairfax. There are three fire stations in this service area.
Additionally, the San Anselmo Fire Department provides permit review and inspections. These are situations that are not expected and can put increase pressure on staff resources.
Police Services
Central Marin Police provide services for the Town of San Anselmo through a mutual aid Joint Powers Agreement (JPA). Central Marin Police authority has a compliment of 58 sworn officers and serves a population of 35,000 people. This equates to one officer for every 603 people in Marin County.
ATTACHMENT 19 1735
Town of San Anselmo Housing Element Update 107
Initial Study
Schools and libraries
Two public school districts serve students living in San Anselmo. The Ross Valley School District include Brookside, Hidden Valley, Manor, Wade Thomas elementary schools, and White Hill.
Middle school. High school students attend the Tamalpais Union High School District. Archie Williams, high school is located within the Town of San Anselmo.
The San Anselmo library is the only public library in the project area.
Parks
San Anselmo Parks Department oversees parkland in six parks. Total municipal park land in the San Anselmo is a little less than 80 acres according to the Marin County Parks and Recreation Plan. This is consistent with the Town’s General Plan projections of 4 acres of parkland for every 1,000 people in the population.
The HEU is developed to accommodate an increase of approximately 1,500 new people to the Town over the next 8-year housing cycle. This may result in an average growth rate of 2% over the 6th cycle.
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Result in substantial adverse physical
impacts associated with the provision of
new or physically altered governmental
facilities, need for new or physically
altered governmental facilities, the
construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times, or other
performance objectives for any of the
public services:
☐ ☐ ☒ ☐
ATTACHMENT 19 1736
Town of San Anselmo Housing Element Update 108
Initial Study
Fire protection? ☐ ☐ ☒ ☐
Police protection? ☐ ☐ ☒ ☐
Schools? ☐ ☐ ☒ ☐
Parks? ☐ ☐ ☒ ☐
Other public facilities? ☐ ☐ ☒ ☐
Conclusion
The HEU may add approximately 1,500 or more people to the Town of San Anselmo. The Town has processes in place to address increases in population and the decisions to add facilities and deliver new services are addressed through the annual budgeting process.
Mitigation Measures
To offset growth rates, municipalities, counties, and States have processes in place to manage annual increases in population based on specific demographic information that is collected as communities change. Therefore, no mitigation is required.
ATTACHMENT 19 1737
Town of San Anselmo Housing Element Update 109
Initial Study
3.16 Recreation
Environmental and Regulatory Setting
Every person deserves access to high-quality, well-maintained parks and recreation options.
While there are no federal, or local rules or regulations on how much parkland should be available per resident, the National Parks and Recreation Association (NRPA) does provide guidelines and metrics for parks and recreation facilities as these amenities are seen as increasingly valuable amenities to our communities. More specifically, NRPA Park Metrics provides a variety of scenarios including optimum parkland per resident information and sitespecific facility planning.
The NRPA Metric database is the most comprehensive source of data standards and insights for providing parks and recreation services and facilities in America today. Park and recreation professionals advocate for the use of this benchmark data to gain more funding support, improve operations and better serve their communities.
According to the NRPA Park Metrics files, the “typical” park and recreation agency:
o Has 9.9 acres of parkland for every 1,000 residents
o Has 8.1 full-time equivalents (FTEs) on staff for every 10,000 residents o Has annual operating expenses of $81.19 on a per capita basis o Recovers 25.9 percent of its operating expenditures from non-tax revenues No two park and recreation agencies are the same. While these medians mark national trends, these numbers are not recommended for all communities. Cities, towns and municipal agencies that provide parks and recreation amenities may set benchmarks that represent their specific situation.
The State of California Quimby Act of 1975 authorizes cities and counties to pass ordinances requiring developers to set aside land, donate conservation easements, or pay fees for park improvements. The Quimby Act sets a standard park space to population ratio of 3 acres of park space per 1,000 persons. Cities with an existing ratio of higher than three acres per 1,000 persons can set a standard of up to 5 acres per 1,000 persons for new development.
The Town Parks, Recreation and Public Facilities Element of San Anselmo’s General Plan cites a standard of four acres of parkland per 1,000 residents as a benchmark. According to the General Plan, San Anselmo has about 56 acres of parkland today (including Sorich Ranch Park).
For the 2021 population of approximately 12,700, this results in approximately 4.4 acres of ATTACHMENT 19 1738
Town of San Anselmo Housing Element Update 110
Initial Study
parkland per 1,000 residents. With a population increase of up to 1,500 resulting from the Housing Element (see section 3.14, Population and Housing), available parkland would drop slightly below the four-acre threshold, between 3.9-4.0 acres per 1,000 residents. In response, San Anselmo may want to consider increasing parkland area and/or the capacity to use existing park facilities.
In San Anselmo, there are six Town-managed parks with a variety of facilities. • Creek Park
• Faude Park
• Lansdale Park
• Memorial Park, Elders' Garden, & Millennium Playground • Robson-Harrington Park
• Sorich Ranch Park
San Anselmo’s park and recreational opportunities are supplemented regional park amenities provided by Marin County, State of California and National Park Service. Town provides an everchanging array of recreational programs and opportunities for the public on its parkland.
Programming and facilities could potentially be expanded to address increased resident demand.
To improve the resident to parkland ratio to mitigate population growth, the Town of San Anselmo could add parkland in a variety of ways. One such method is to require new developments of specific size to provide recreational amenities back to the community. This can be done by having the developer build private recreation facilities that will be maintained by the community (a homeowner’s association for example). Developers can also provide park land and/or amenities to the community. In lieu of providing land, depending on the number of new units, the developer may provide funding for improvements to existing park land. If these elements cannot be successfully negotiated or the new land being developed is very small, the Town of San Anselmo may elect to collect a fee that will be put to the purchase of new community park land or use the fees to make improvements to existing parks in the area.
ATTACHMENT 19 1739
Town of San Anselmo Housing Element Update 111
Initial Study
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
☐ ☐ ☒ ☐
Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
☐ ☐ ☒ ☐
Conclusion
The Housing Element Update will bring more residents and as a result, the demand for park land and recreational opportunities will likely increase. While growth and population increases are directly related to how well the economic conditions are, the need for Park land and recreational opportunities are likely to increase with the implementation of this update. As the General Plan assesses and responds to park and recreation needs over time, this established process will address any modification that may be needed, and no separate mitigation is justified at this stage.
Mitigation Measures
No mitigation is required.
ATTACHMENT 19 1740
Town of San Anselmo Housing Element Update 112
Initial Study
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ATTACHMENT 19 1741
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3.17 Transportation
This section was completed by the Town of San Anselmo using the consulting services of Parisi Transportation Consulting. The findings in this area suggest a Less Than Significant Impact to the Town of San Anselmo’s transportation network. What is presented here is a shortened version of the overall analysis. To review the full findings and discussion completed by the Parisi Transportation Consulting, please refer to the full document located in Appendix B.
Environmental and Regulatory Setting
The Town of San Anselmo is in the San Francisco Bay Area in Marin County, situated in a series of small valleys and bordered by moderate to steep hillsides. This section describes attributes that provide and influence transportation patterns within the Town and between the Town and other vicinities.
Though there are no freeways within the Town limits, Red Hill Avenue and Sir Francis Drake Boulevard are major arterial streets that connect the Town to U.S. Highway 101 to the east, providing access to San Francisco and other major activity centers in the Bay Area. Sir Francis Drake Boulevard and Center Boulevard connect San Anselmo with the Town of Fairfax to the west. These roadways converge near downtown in a complex system of roadway intersections referred to as the Hub. Due to the topography, some local residential streets are steep, narrow, and winding.
The Town has limited bicycle facilities on some roadways consisting of Class II and Class III bikeways (on-street bike lanes and travel lanes shared with motor vehicles, respectively). The General Plan’s Circulation Element includes objectives to identify areas which should be linked by bicycle and pedestrian paths in order to provide a viable active transportation system.xxiv Public transit service in San Anselmo is provided by Marin Transit and Golden Gate Transit. As of fall 2022, Marin Transit operates four standard routes and an express route with hourly service frequencies during weekday morning and afternoon peak periods, and an afternoon school route, while Golden Gate Transit operates one route with 30-minute service frequencies during weekday morning and afternoon peak periods. Routes operated by both agencies all pass through the Hub and/or downtown area along the major arterial streets, providing access to Fairfax, Ross, San Rafael, other Marin County destinations, and San Francisco.
In terms of land use patterns, the built environment is most appropriately characterized as suburban, without significant dense urban residential or retail centers. The Town is an ATTACHMENT 19 1742
Town of San Anselmo Housing Element Update 114
Initial Study
established residential community comprised of mostly detached single family dwellings with some multifamily dwellings. Land development availability is largely limited to infill sites, with some larger parcels situated on higher slopes and ridge tops as designated in the General Plan.xxv Neighborhood, downtown, and general commercial areas are concentrated along the major roadways in conjunction with public transit access.
Lastly, on February 28, 2023, the Town of San Anselmo Town Council adopted a Threshold of Significance Policy (see Appendix C).
Analysis Methodology and Thresholds of Significance
Table 3.3 provides a summary of the San Anselmo Housing Element Update CEQA determination for each of the criteria that could constitute potential transportation environmental impacts. A discussion of each finding is provided in Appendix B and consistent with the Town adopted Threshold of Significance Policy in Appendix C.
Table 3.3. CEQA Checklist Impact Determination
Impact Question CEQA Determination
TRA-1 Would the project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Less Than Significant Impact TRA-2 Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Less Than Significant Impact
TRA-3 Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)?
Less Than Significant Impact
TRA-4 Would the project result in inadequate emergency access? Less Than Significant Impact Source: Parisi Transportation Consulting, 2022
ATTACHMENT 19 1743
Town of San Anselmo Housing Element Update 115
Initial Study
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Conflict with a program, plan, ordinance,
or policy addressing the circulation
system, including transit, roadway,
bicycle and pedestrian facilities?
☐ ☐ ☒ ☐
Conflict or be inconsistent with CEQA
Guidelines § 15064.3, subdivision (b)?
☐ ☐ ☒ ☐
Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
☐ ☐ ☒ ☐
Result in inadequate emergency access? ☐ ☐ ☒ ☐
Conclusion
As adequate emergency access is included as part of the Town requirements for individual projects, which will be reviewed by local officials as part of design review, the Project has a less than significant impact with respect to emergency access.
Mitigation Measures
No mitigation is required.
ATTACHMENT 19 1744
Town of San Anselmo Housing Element Update 116
Initial Study
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ATTACHMENT 19 1745
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3.18 Tribal Cultural Resources
Environmental and Regulatory Setting
In 2015, CEQA was amended by AB 52, which governs analysis of tribal cultural resources and imposes consultation requirements with Native American Tribes who request such consultation. A project that “may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment. (Pub.
Res. Code, § 21084.2.) To assist in the determination of a significant environmental effect, a lead agency is required to consult with any California Native America tribe that requests consultation and is traditionally and culturally affiliated with the area of the project. If a Native American Tribe wishes to participate in consultation, it must respond to the lead agency within 30 days of a formal notification.
Tribal cultural resources are defined as: 1) sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe that are listed, or determined to be eligible for listing, in the national or state register of historical resources; or 2) listed in a local historical register of historic resources. (Pub. Res. Code, § 21074.) If a lead agency determines that a project may cause a substantial adverse change to a tribal cultural resource, measures must be considered to mitigate the impact. (Pub. Res. Code, § 20184.3(b)(2).) Here, no known tribal cultural resources have been identified in the project area. On February 14, 2022, the Town mailed formal notification letters to tribes affiliated with the Coast Miwok communities (listed below) offering consultation regarding the HEU along with a description of the project. These communities are listed with the Native American Heritage Commission (NAHC). The Town did not receive a request for consultation within the 30 day time limit.
Should any tribal cultural resources be found with relation to any particular project under the UHE, further analysis and notifications would occur per AB 52.
The Town of San Anselmo prepared and mailed AB 52 notifications letters to tribes affiliated with the Coast Miwok communities. These communities are listed with the Native American Heritage Commission (NAHC). While no consultation is expected, the process is on-going, and a detailed summary of the outcome will be provided in the Tribal and Cultural Resources Section planned for the Environmental Impact Report (EIR). No other follow-up action is anticipated.
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Coast Miwok-affiliated Tribes:
Federated Indians of Graton Rancheria
6400 Redwood Drive, Ste 300
Rohnert Park, CA 94928
Phone: (707) 566 – 2288
Fax: (707) 566-2291
[email protected]
Guidiville Indian Rancheria
Donald Duncan, Chairperson
P.O. Box 339
Talmage, CA, 95481
Phone: (707) 462 – 3682
Fax: (707) 462-9183
[email protected]
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project cause a substantial
adverse change in the significance of a
tribal cultural resource, defined in Public
Resources Code § 21074 as either a site,
feature, place, cultural landscape that is
geographically defined in terms of the
size and scope of the landscape, sacred
place, or object with cultural value to a
California Native American tribe, and
that is:
☐ ☐ ☐ ☒
Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
☐ ☐ ☐ ☒
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historical resources as defined in Public
Resources Code section 5020.1(k), or
A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public Resources Code
§ 5024.1. In applying the criteria set
forth in subdivision (c) of Public Resource
Code § 5024.1, the lead agency shall
consider the significance of the resource
to a California Native American tribe.
☐ ☐ ☐ ☒
Conclusion
No known tribal cultural resources have been identified in the project area. The Town did not receive any requests for consultation in response to its formal notification letters. Should any tribal cultural resources be found with relation to any particular project under the HEU, further analysis and notifications would occur per AB 52.
Mitigation Measures
No resources in the location of the 151 sites are known at the present time. No mitigation is required.
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3.19 Utilities and Service Systems
This section describes the utilities and service systems and public services that could be affected by this HEU. Water supply and distribution systems, wastewater collection and treatment systems, solid waste collection and disposal, stormwater conditions, electricity, natural gas and telecommunication impacts are described here to support the environmental impact analysis.
Environmental and Regulatory Setting
Water Service
In California, water service is provided by towns, cities, counties, special districts, and private utilities. Most service providers get their water from surface water, groundwater or a combination of both, and serve a wide range of connections, from just a few connections to thousands. Water rights, water contract agreements, groundwater pumping limitations, and the infrastructure required to treat, pump, and deliver water are the factors that limit the amount of water available to service providers.
Water supply to San Anselmo is provided by the Marin Municipal Water District (MMWD). The water supply is reservoir based. According to the Water Resources Plan 2040 prepared in 2017 by the consultant firm Woodard and Curran, the MMWD has adequate capacity. The report demonstrates that the district’s current supply portfolio is sufficient to meet demands in each of the reliability threats modeled except the Six-Year Severe Drought. It should be noted that the probability of the Six-Year Severe Drought occurring is low. Should this type of drought occur, shortages would not be expected until the fifth year of the drought, which provides time to re-assess and move forward implementation of resiliency options after the Water Resources Plan 2040 MMWD 1-3 drought starts. Further, use of supplies in emergency storage, combined with mandatory conservation / rationing, would allow the district to manage supplies through the Six-Year Severe Drought condition without shortfalls.
This report also notes that since the district’s current supply portfolio is sufficient to meet demands under most conditions evaluated, there is no immediate need to invest in infrastructure to secure additional resiliency at this time. However, to continue strengthening the district’s water supply resiliency, it is recommended that the district expand its existing water efficiency programs. Currently MMWD serves approximately 191,000 customers and capacity is well over anticipated needs.
Locally, as the HEU advances into the construction phase, and housing occurs incrementally throughout the Town, upgrades to local pipes and infrastructure may be required. These ATTACHMENT 19 1750
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upgrades and improvements to the efficiency and delivery of these resources would be subject to individual environment review and all future upgrades would be reviewed at the time of building permit review and would be completed to the satisfaction of the Town of San Anselmo Development Review authority and the Town of San Anselmo Engineer.
Wastewater Generation
The Ross Valley Sanitary District (RVSD) manages wastewater treatment and the related infrastructure within the Town of San Anselmo. The RVSD was established in 1899 and is believed to be California’s oldest sanitary district. The RVSD serves the communities of Sleepy Hollow, Fairfax, San Anselmo, Ross, Larkspur, Kentfield, and Greenbrae, serves Murray Park by contract, and conveys wastewater to the Central Marin Sanitation Agency (CMSA) wastewater treatment plant.
The RVSD is responsible for approximately 194 miles of gravity sewer lines, also known as mains. These mains range in diameter from 4 inches to 42 inches in size. The sanitary system is serviced through 4313 manholes and 1250 rod holes distributed throughout the system. Where gravity flow is not practical, the RVSD pumps wastewater through 19 pump stations and lift stations and 8.4 miles of sewer force mains to convey flows to the Central Marin Sanitation Agency (CMSA) wastewater treatment plant in San Rafael. The CMSA was established in 1979 as a joint powers' agency comprised of the RVSD, the San Rafael Sanitation District, and Sanitary District No. 2 of Marin County serving the Town of Corte Madera and some surrounding areas.
There are also about 200 miles of privately-owned sewer service laterals that convey wastewater to the RVSD’s system.
According to the 2019 Sewer System Management Plan and the 2021 Infrastructure Asset Management Plan Update the overall system is fully functional and operating at a level that is compatible with the existing community needs.
It should be noted that portions of the Town of San Anselmo are serviced by existing force mains. These service areas are primarily north and east of San Anselmo Creek. All residential developments will be reviewed incrementally as new plans are proposed. The precise connections and pipes required will be scrutinized at the time of submittal for construction permits. Should any new lines, connections or upgrades be required, these improvements will be subject to environmental review. Line modifications and connection into the existing force main must be designed to all applicable provisions of the local building code and to the satisfaction of the Town and the District.
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Stormwater
Storm water is defined by US EPA as the runoff generated when precipitation from rain and snowmelt events flows over land or impervious surfaces without percolating into the ground.
Storm water is often considered a nuisance because it mobilizes pollutants such as motor oil and trash. In most cases, storm water flows directly to water bodies through sewer systems, contributing a major source of pollution to rivers, lakes, and the ocean. Storm water discharges in California are regulated through National Pollutant Discharge Elimination System (NPDES) permits. However, storm water may also act as a resource and recharge groundwater when properly managed.
New use will require stormwater infrastructure to meet new demand. Since the Town is largely proposing opportunities that provide for redevelopment, the new development will be in areas that are currently served by stormwater drainage systems. The addition of new housing on some of these older developed lot areas may provide opportunities to implement the most modern-day stormwater infrastructure design. Redevelopment may reduce impervious surface areas in some areas and allow more infiltration thus reducing overall stormwater runoff.
Electricity, Natural Gas and Telecommunications
Electric Power In 2018, California produced approximately 194,842 gigawatt-hours of electricity and imported approximately 90,646 gigawatt-hours (CEC 2019). Generally, electric power is generated by power plants or renewable energy resources such as hydropower, geothermal, biomass, and solar energy. Energy is transferred through electricity substations, transformers, and power lines that relay the energy from the producer to the consumer. California is part of the western transmission system that helps keep electricity flowing reliably and safely throughout the western United States. On a more local scale, balancing authorities help to ensure that demand and supply are regionally balanced. California has eight balancing authorities:
• Balancing Authority of Northern California
• California Independent System Operator
• Imperial Irrigation District
• Los Angeles Department of Water & Power
• PacifiCorp West
• NV Energy
• Turlock Irrigation District
• Western Area Lower Colorado
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The California Independent System Operator operates in all 58 California counties and operates the flow of electricity through three main investor-owned utilities (Pacific Gas and Electric Company, Southern California Edison, and San Diego Gas and Electric Company) in addition to several other municipal operators.
Natural Gas Natural gas consists of many different compounds such as methane and natural gas liquids (ethane, propane, butanes, and pentanes). It is formed through the decomposition of historic animals and plants that have been converted to hydrocarbon fuels by high pressure and temperatures deep under the earth’s surface.
In 2018 California withdrew approximately 202,616 million cubic feet from gas, oil, and shale gas wells within its boundaries. Out of the 30.59 trillion cubic feet of natural gas used in the United States in 2018, California was the second largest consumer, using approximately 7.1 percent of natural gas used in the U.S. (EIA 2019).
Nearly 90 percent of California’s natural gas supply comes from out-of-state imports; approximately 45 percent of the natural gas burned in California is used for electricity generation, 21 percent is consumed in the residential sector, 25 percent in the industrial sector, and 9 percent in the commercial sector. Natural gas facilities in the State provide residents with electricity, heat buildings, fuel vehicles, and provide many other uses. Natural gas is generally delivered to residents and users through pipelines and tanks in the form of compressed natural gas. These facilities are located throughout the State.
Telecommunication The California Public Utilities Commission develops and implements policies for the telecommunication industry to achieve the following goals:
• Ensure fair, affordable universal access to necessary services. • Develop clear rules of the game and regulatory tools to allow flexibility without compromising due process.
• Remove barriers that prevent a fully competitive market. • Reduce or eliminate burdensome regulations.
In California, telecommunication facilities are being shifted to wireless facilities such as small cells and distributed antenna systems. Many of these facilities are proposed for installation in public rights-of-way. U.S. Code Title 47, Section 332 (47 USC 332) maintains local authority over local decisions regarding the placement, construction, and modification of personal wireless telecommunication facilities.
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Electricity is provided to the Town of San Anselmo by Marin Clean Energy. Pacific Gas and Electric is the provider of natural gas resources and telecommunications services are typically provided by major suppliers including AT&T, Verizon, T Mobile and are the discretion of the end user. While the HEU does create new user demand and long-term operating concerns, the review of these service providers' current capacity and long-range plans indicate that the update will not cause concerns for long term use or operations. No capacity issues are identified in this initial study and each of the companies is consistently looking to provide more efficient ways to increase capacity and deliver services in a more environmentally sustainable manner.
Each of these elements will be more closely evaluated in the development of the Environmental Impact Report.
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
☐ ☐ ☐ ☒
Have sufficient water supplies available
to serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
☐ ☐ ☐ ☒
Result in a determination by the
wastewater treatment provider, which
serves or may serve the project that it
has adequate capacity to serve the
☐ ☐ ☐ ☒
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project’s projected demand in addition
to the provider’s existing commitments?
Generate solid waste in excess of State
or local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?
☐ ☐ ☐ ☒
Comply with federal, State, and local
management and reduction statutes and
regulations related to solid waste?
☐ ☐ ☐ ☒
Conclusion
The HEU will require more resources and capacity. Based on the current systems in place, local conditions may be impacted, and site-specific improvements may be necessary. However, the expansion and construction of new facilities to support this growth can be adequately addressed through established services management systems, therefore no mitigation measures are needed.
Mitigation Measures
Current existing services providers have the capacity to meet the broad needs of the HEU for the Town of San Anselmo. Additional housing proposed in the Housing Element is not causing extreme stress or impacting existing utilities systems that will demand major system upgrades.
However, individual projects will need to be evaluated independently for any site-specific upgrades, including infrastructure improvement requirements and environmental impacts.
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3.20 Wildfire
Environmental and Regulatory Setting
The State of California is required by law to map the areas of significant fire hazards based on fuels, terrain, weather, and other fire hazards. These areas, designated as Fire Hazard Severity Zones (FHSZ), mandate certain site and building selection, design, and construction practices to reduce risk associated with wildfires. xvi
Parts of California sensitive to fire hazards are often a part of the wild-land urban interface (WUI), where development and wildland vegetation meet.
xviiiThe project site is located within an already developed portion of San Anselmo xvii To help protect lives and
property from the disastrous effects of wildfire, the National Fire Plan identifies communities within these WUI. The Town of San Anselmo is listed on the California Communities at Risk List. with
predominantly residential and commercial development within the adjacent areas.
The Town of San Anselmo is designated as a Local Responsibility Area (LRA) by the California Department of Forestry and Fire Protection (CalFIRE) which means that the local government, not the State, have financial responsibility for wildland fire protection in this area. According to the CalFIRE, FHSZ maps in Marin County, the project is not located within a Very-High Fire Hazard Severity Zone for wildland fires. xix
The Town has adopted a Local Hazard Mitigation Plan. Additionally, the Town has a Fire Code to address WUI compliant construction materials and vegetation management.
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Figure 3.8 Fire Hazard Severity Zones in areas of state responsibility for fire control San Anselmo
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Figure 3.9 Fire Hazard Severity Zones in areas of local responsibility for fire control San Anselmo
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Analysis Methodology and Thresholds of Significance
The Town of San Anselmo has several policies in its latest General Plan that are geared towards mitigating wildfire potential within fire hazard areas. They include those under Objective 13 and 14 which are meant to ensure that existing and future development have adequate water supplies to protect structures from fires and are sited, designed, and constructed in such a way as to reduce the potential for fires. xx
The Ross Valley Fire Department provides firefighting and emergency response services for the Town of San Anselmo. Fire Station 19, located at 777 San Anselmo Avenue in downtown San Anselmo and within the project site, serves the Town. It is also the administrative headquarters of the Ross Valley Fire Department. xxi Due to the proximity of the fire station’s location to the project site, swift emergency response times in the case of a fire emergency are anticipated.
Checklist and Discussion of Impacts
Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Substantially impair an adopted
emergency response plan or emergency
evacuation plan?
☐ ☐ ☒ ☐
Due to slope, prevailing winds, and other
factors, wildfire risks exacerbate and
thereby expose project occupants to
pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
☐ ☐ ☒ ☐
Require the installation or maintenance
of associated infrastructure (such as
roads, fuel breaks, emergency water
sources, power lines or other utilities)
that may exacerbate fire risk or that may
result in temporary or ongoing impacts
to the environment?
☐ ☐ ☒ ☐
Expose people or structures to significant
risks, including downslope or
downstream flooding or landslides, as a
☐ ☐ ☐ ☒
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result of runoff, post-fire slope
instability, or drainage changes?
The action is not anticipated to impair any adopted emergency response plan or emergency evacuation plan. Fire prevention plans including the State of California’s Fire Hazard Planning Technical Advisory and the Marin County Fire Department’s Community Wildfire Protection Plan have been referenced to determine the impact of the action. The increased density and housing developments will not change the role of major roads like Sir Frances Drake Boulevard, Red Hill Avenue, and Center Boulevard as designated evacuation routes. Impacts from additional parking and the added capacity of drivers to these roads are still to be determined based on the findings from the transportation analysis. Therefore, the action will have a less than significant impact.
The action of increasing density within the project sites is not anticipated to significantly expose occupants to pollutant concentrations from wildfire or uncontrollable spread of wildfire. As the site comprise of multiple parcels spread across various elevation, angles of prevailing wind, and street grids within the vicinity of Downtown San Anselmo, the degree of impact to occupants living in these higher density developments may vary. An assessment of air quality impacts and wildfire risks to those living in higher elevations and/or upper floors of a multi-story development will be conducted in the air quality analysis. Overall, the impacts of the project action have a less than significant to project occupants.
The action of increasing density within the project sites may involve upgrades to existing electric, storm sewer, water and other utilities to accommodate the increased demand on the associated infrastructure. While capacity may increase with higher density development, the fire risk may be lowered when compared to low-density, single-family development. This is because the high-density development will likely be built on previously developed land and tap into existing associated infrastructure as opposed to being built on undeveloped land further from the urban core and closer to more fire-sensitive areas.
The project sites are located within a developed river valley environment where impervious surface is the predominant surface type and primarily located outside of the Town’s Wildland Urban Interface. As the increase in density will take place on mostly developed land, it is not anticipated that occupants will be at greater risk of natural hazards such as flooding, landslides, and post-fire slope instability. Therefore, the action is anticipated to have no impact.
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Conclusion
The project would not exacerbate the risk of residents and structures to wildfire and the Town has current Fire Codes and building regulations to address any impact related to construction.
Mitigation Measures
No mitigation is required.
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LIST OF PREPARERS
Ben Carlson, Project Director
Laura Connelly, PLA, Project Manager
Leila Bahrami
Benjamin Cromie
Olivia Foster
Hung Truong
Kyle Wire
Parisi Transportation Consulting
LIST OF REVIEWERS
Emily Longfellow, Assistant Town Attorney
Heidi Scoble, Planning Director
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4.0 Supporting Documentation
APPENDIX A: Acronyms and Abbreviations
BAAQMD - Bay Area Air Quality Management District
BMP - Best Management Practices
CAA - Clean Air Act
CAAQS - California Ambient Air Quality Standards
CARB - California Air Resources Board
CalFIRE - California Department of Forestry and Fire Protection CCAA - California Clean Air Act
CDFW - California Department of Fish and Wildlife
CESA - California Endangered Species Act
CEQA - California Environmental Quality Act
CHPlanning – CHPlanning, Ltd.
CO - Carbon Monoxide
COG - Council of Governments
CMSA - Central Marin Sanitation Agency
CRHR - California Register for Historical Resources
EQ Zapp - California Earthquake Hazards Zone Application CUPA - Certified Unified Program Agency
dB - decibels
dBA - A-weighted decibels, an expression of sound that gives a higher value to frequencies that can be perceived by the human ear.
Department of Toxic Substances Control (DTSC)
DPM - Diesel Particulate Emissions
DUA – Dwelling Units per Acre
EIR - Environmental Impact Report
EPA - Environmental Protection Agency
ESA - Endangered Species Act
EVSE - Electric Vehicle Supply Equipment
EV - Electric Vehicles
FESA - Federal Endangered Species Act
FHSZ - Fire Hazard Severity Zones
FMMP - Farmland Mapping and Monitoring Program
FTEs - Full-Time Equivalents
GIS - Geographical Information System
HCD - Housing and Community Development
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HEU - Housing Element Update
HL – Houseal Levigne
HMD - Hazardous Materials Division
IPaC - Information for Planning and Consultation
IS/ND - Initial Study leading to a Negative Declaration Km - Kilometer
LRA - Local Responsibility Area (LRA)
Local Hazard Mitigation Plan (LHMP)
μg/m3 - Micrograms per Cubic Meter
MBTA - Migratory Bird Treaty Act
MMWD – Marin Municipal Water District
M – Miles
MND - Mitigated Negative Declaration
Native American Heritage Commission (NAHC)
National Pollutant Discharge Elimination System (NPDES) National Parks and Recreation Association (NRPA)
National Resources Conservation Service (NRCS)
OAK - Oakland Airport
O3 - Ozone
PG&E - Pacific Gas and Electric
PM 10 - Particulate Matter 10
PM 2.5 - Particulate Matter 2.5
Ppm - Parts per Million
RCRA - Resource Conservation and Recovery Act
RHNA - Regional Housing Needs Allocation
R-HO - Residential Housing Opportunities District
ROG - Reactive Organic Gas
SHMA - Seismic Hazards Mapping Act
SPD – Special Planned District
SFBAAB - San Francisco Bay Area Air Basin
SFO - San Francisco Airport
SMARA - Surface Mining and Reclamation Act of 1975
SO2 - Sulfur Dioxide
SIP - State Implementation Plans
TOD - Transportation-Oriented Development
The Town - Town of San Anselmo
U.S. - United States
VMT - Vehicle Miles Traveled
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ZEV – Zero Emission Vehicles
Zoning Category Abbreviations
C-1 Neighborhood Commercial
C-2 Downtown Commercial
C-3 General Commercial District.
C-L Limited Commercial District.
R-1 Single Family Residential
R-1-C Low Density Residential Conservation
R-1-H Very Low Density Residential
R-2 Medium Density Residential District.
R-3 High Density Residential District.
Preliminary or Specific Planned Development (PPD) or (SPD) District ATTACHMENT 19 1766
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APPENDIX B: Transportation Impact Analysis
Memo
To: Laura Connelly and Ben Carlson, CHPlanning
CC: Jackie Wells, Houseal Lavigne
Heidi Scoble and David Donery, Town of San Anselmo
From: Jimmy Jessup, Parisi Transportation Consulting
Date: December 16, 2022
Subject: San Anselmo Housing Element Update CEQA Impact Analysis This memorandum summarizes the potential transportation-related impacts associated with the Town of San Anselmo (“Town”) Draft Housing Element 2023-2031 Update (“Project”).xxii The Project includes 833 housing units distributed over four income categories, consisting of single-family dwelling units and multi-family housing developments.
This analysis utilizes the sample environmental significance criteria checklist form included in the California Environmental Quality Act (CEQA) guidelines that may be used to foster agency review.xxiii The Project would result in a significant transportation impact if it would:
Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities Conflict or be inconsistent with CEQA Guidelines Section 15063.4, Subdivision (b) regarding vehicle miles traveled (VMT)
Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment), or Result in inadequate emergency access
The Project is determined to result in a less than significant impact against these four checklist items. This analysis determines that the home-based VMT per resident associated with implementation of the Housing Element Update is below the threshold of significance and would result in a less than significant transportation impact.
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ENVIRONMENTAL SETTING
The Town of San Anselmo is located in the San Francisco Bay Area in Marin County, situated in a series of small valleys and bordered by moderate to steep hillsides. This section describes attributes that provide and influence transportation patterns within the Town and between the Town and other vicinities.
Though there are no freeways within the Town limits, Red Hill Avenue and Sir Francis Drake Boulevard are major arterial streets that connect the Town to U.S. Highway 101 to the east, providing access to San Francisco and other major activity centers in the Bay Area. Sir Francis Drake Boulevard and Center Boulevard connect San Anselmo with the Town of Fairfax to the west. These roadways converge near downtown in a complex system of roadway intersections referred to as the Hub. Due to the topography, some local residential streets are steep, narrow, and winding.
The Town has limited bicycle facilities on some roadways consisting of Class II and Class III bikeways (on-street bike lanes and travel lanes shared with motor vehicles, respectively). The General Plan’s Circulation Element includes objectives to identify areas which should be linked by bicycle and pedestrian paths in order to provide a viable active transportation system.xxiv Public transit service in San Anselmo is provided by Marin Transit and Golden Gate Transit. As of fall 2022, Marin Transit operates four standard routes and an express route with hourly service frequencies during weekday morning and afternoon peak periods, and an afternoon school route, while Golden Gate Transit operates one route with 30-minute service frequencies during weekday morning and afternoon peak periods. Routes operated by both agencies all pass through the Hub and/or downtown area along the major arterial streets, providing access to Fairfax, Ross, San Rafael, other Marin County destinations, and San Francisco.
In terms of land use patterns, the built environment is most appropriately characterized as suburban, without significant dense urban residential or retail centers. The Town is an established residential community comprised of mostly detached single family dwellings with some multifamily dwellings. Land development availability is largely limited to infill sites, with some larger parcels situated on higher slopes and ridge tops as designated in the General Plan.xxv Neighborhood, downtown, and general commercial areas are concentrated along the major roadways in conjunction with public transit access.
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CEQA IMPACT ANALYSIS RESULTS
Table 1 provides a summary of the San Anselmo Housing Element Update CEQA determination for each of the criteria that could constitute potential transportation environmental impacts. A discussion of each finding follows.
Table 1. CEQA Checklist Impact Determination
Impact Question CEQA Determination
TRA-1 Would the project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Less Than Significant Impact
TRA-2 Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Less Than Significant
Impact
TRA-3 Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)?
Less Than Significant
Impact
TRA-4 Would the project result in inadequate emergency access? Less Than Significant Impact
Source: Parisi Transportation Consulting, 2022
TRA-1: WOULD THE PROJECT CONFLICT WITH A PROGRAM, PLAN,
ORDINANCE, OR POLICY ADDRESSING THE CIRCULATION SYSTEM, INCLUDING TRANSIT, ROADWAY, BICYCLE, AND PEDESTRIAN FACILITIES?
Transportation aspects of land use projects are shaped by adopted plans and policies at various levels of government and agencies. These plans and policies are consulted as part of the Housing Element Update to evaluate against applied principles and efforts to mitigate environmental effects. Discussion of this Project with respect to the framework established by federal, State, regional, and local plans and policies for purpose of mitigating significant environmental effects is presented in this section. This section includes rationale behind the conclusion that the proposed Project does not conflict with any described plans and policies and presents no CEQA impact. Policies and plans addressing the transportation aspects of this Project include:
State: Senate Bill 743: Signed into law in 2013, Senate Bill 743 mandated a change in CEQA guidelines to utilize VMT as opposed to vehicle flow or traffic congestion as a more appropriate metric for assessing impacts associated with projects, in line with goals of helping to achieve climate commitments, improving health and safety, and ATTACHMENT 19 1769
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prioritizing co-located land uses. This Project ensures compliance with this technical advisory by following the California Office of Planning and Research (OPR) Technical Advisory guidelines in its VMT analysis.
Regional: Plan Bay Area 2050 (2021): In 2021, the Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG) adopted Plan Bay Area 2050 as the official regional long-range transportation and land use plan for the Bay Area.xxvi Strategies in this plan include encouraging land use patterns that foster shared transportation modes, lessen the share of single-occupancy work commutes, and reduce greenhouse gas emissions. The Project’s focus on multifamily housing sites with transit access, affordability, and overall housing unit share in existing low-VMT areas is in line with the emission reduction objectives of Plan Bay Area 2050. Regional: TAM Congestion Management Program (2021): The Transportation Authority of Marin is the congestion management agency for Marin County and develops and updates its mandated short-range Congestion Management Program (CMP) every two years to describe strategies to assess and monitor the performance of the county’s transportation system, address congestion and improve performance of a multimodal system among local jurisdictions.
xxvii Major developments that generate a net increase
of more than 100 PM peak hour vehicle trips are subject to a CMP analysis and traffic impact study. Future projects within the Housing Element Update that generate more than 100 PM peak hour vehicle trips would be obliged to comply with these requirements.
Local: San Anselmo General Plan Circulation Element (1988): The San Anselmo General Plan is a comprehensive long-range guide for future development of the Town. The Circulation Element relates closely to the Land Use Element and describes standards and proposals for provision of the Town roadway network, traffic, and other transportation facilities. The Circulation Element includes goals for development of a circulation system that balances system user needs, maintains safe roadways, improve traffic circulation, expands the bikeway network and pedestrian pathways, and encourages and supports vehicle trip reduction. Development of Housing Element Update housing units would result in increased use of the circulation system, and ATTACHMENT 19 1770
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integration of driveway entrances, curb cuts, and upgrades to facilities would be subject to applicable design standards and guidelines related to roadways, bikeways, and sidewalks. Required VMT assessment of future multifamily housing developments, associated transportation demand management plans, and facilitation of housing unit development in areas of existing low VMT is consistent with policies in the General Plan.
Impact Conclusion
The Project would not conflict with any programs, plans, ordinances, or policies related to the transportation network. The impact of the Project is therefore determined to be less than significant.
Mitigation Measure
No mitigation is required.
TRA-2: WOULD THE PROJECT CONFLICT OR BE INCONSISTENT WITH CEQA GUIDELINES SECTION 15064.3, SUBDIVISION (B)?
In December 2018, OPR published a Technical Advisory on Evaluating Transportation Impacts in CEQA (“Technical Advisory”).
xxviii These guidelines direct lead agencies how to evaluate project transportation impacts based on Vehicle Miles Traveled (VMT), as required by Senate Bill 743.
The use of VMT as a performance measure allows for the evaluation of fuel consumption by motor vehicles for distances traveled and impacts associated with greenhouse gas (GHG) emissions.
VMT Impact Analysis Methods
The VMT impact analysis has been performed in accordance with guidance from OPR, and accounts for the latest Housing Element Update site list of housing units approved by the Housing Element Advisory Committee as of December 1, 2022. VMT generated by potential housing units was determined by using outputs from the Transportation Authority of Marin (TAM) Demand Model.
The base travel forecasting model structure was developed by the Metropolitan Transportation Commission (MTC) and was further refined to represent a more detailed reflection of the circulation network and land use patterns in Marin County. The model utilizes socioeconomic inputs aggregated into geographic areas called transportation analysis zones (TAZ) to derive VMT estimates and are further processed into micro-analysis zones (MAZ) to provide finer understanding of travel patterns at a more granular level.
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This study was performed at the MAZ level of geography in order to leverage most detailed data on housing unit VMT generation. The 833 housing units from the most recent Housing Element Update, which consist of pipeline projects, Accessory Dwelling Units (ADUs), and other developments on identified opportunity sites, were assigned to the MAZ associated with each unit’s parcel. VMT was derived for each housing unit utilizing the TAM Demand Model output according to the metric applied by the jurisdiction for impact analysis. For residential land uses in San Anselmo, VMT is expressed as home-based VMT per resident. The existing average home-based VMT per resident for each MAZ in which Project housing units are associated, along with the proposed number of housing units planned for each MAZ, is displayed in Table
2. Table 2. Existing VMT/Resident and Project Housing Units by Micro Analysis Zone (MAZ) MAZ Existing
VMT/Resident Housing Units MAZ Existing VMT/Resident Housing Units 810.019 12.9 164 812.256 13.6 1
810.024 8.9 7 812.431 17.4 1
810.371 9.5 9 812.619 11.8 1
810.373 13.6 4 812.636 9.2 3
810.382 9.1 15 812.741 10.5 5
811.065 9.2 10 812.744 7.7 10
811.320 14.7 1 813.037 20.5 1
811.331 13.3 1 813.321 12.2 1
811.352 17.6 1 813.322 7.7 1
811.417 13.2 29 813.456 15.3 1
811.418 11.2 27 813.642 9.1 118
811.419 8.4 52 813.643 20.3 63
811.423 16.5 44 813.644 11.4 1
811.491 12.1 1 813.647 9.5 62
811.563 8.5 70 813.653 13.3 7
811.635 10.5 1 813.854 17.2 1
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811.703 9.7 3 813.856 12.4 1
811.747 6.8 56 813.863 13.1 8
811.750 8.7 31 813.869 12.1 28
811.751 7.6 10 813.999 7.8 15
811.764 13.0 1 814.076 13.0 1
812.038 13.2 1 814.358 17.6 2
812.137 17.7 1 814.437 14.7 2
Source: TAMDM, Parisi Transportation Consulting, 2022. Note: MAZ 810.019 does not have existing housing units; existing VMT/resident was determined by applying weighted average of neighboring MAZs.
VMT Thresholds of Significance
CEQA Guidelines Section 15064.3, subdivision (b),xxix gives lead agencies the ability to set and apply the most appropriate significance thresholds and methodologies for evaluating VMT impacts. VMT screening thresholds and thresholds of significance specific to San Anselmo for assessment of land use projects have been recommended in a separate draft memo issued December 8, 2022, and these thresholds are applied to the analysis.xxx As the Housing Element Update is a programmatic update of the San Anselmo General Plan and includes multiple opportunity sites, the Project itself does not meet any VMT screening thresholds and is subject to a detailed VMT analysis, with the following threshold of significance:
Residential projects: a proposed project that exceeds a project generated level of 15 percent below existing County average home-based VMT per resident may indicate a significant transportation impact.
This analysis compares VMT generated by the Project against existing 2015 baseline year VMT for Marin County, which is calculated as 15.8 daily home-based VMT per resident. The Baseline Scenario threshold of significance for determining VMT impacts is 15% below Town average, or
13.4 daily home-based VMT per resident.
VMT Impacts
As displayed in Table 3, in the Project would generate daily home-based VMT per resident of
11.1, which represents a reduction of 29.6% from the County average of 15.8. This figure is ATTACHMENT 19 1773
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below the threshold of significance (13.4), and hence indicates that development of Housing Element Update housing units would result in a less than significant transportation impact. This result is due to most housing opportunity sites being located near complementary land uses near downtown and with access to alternative means of transportation. These attributes reduce vehicle trips and trip length, both of which reduce VMT. The majority of proposed housing units are associated with MAZs that exhibit VMT well below the Marin County average, as seen in Table 2.
Table 3. Housing Unit Element Generated Home-Based VMT per Resident Analysis Scenario Home-based
VMT per resident
Change from
County Average
Below Threshold of
Significance?
Marin County Average 15.8 - -
Threshold of Significance 13.4 -15.0% -
Project Generated 11.2 -28.8% Yes
Source: TAMDM, Parisi Transportation Consulting, 2022. Note: Adopted threshold of Significance is equivalent to 15% below County average.
Cumulative Impacts
The OPR Technical Advisory describes technical considerations in assessing cumulative VMT impacts accounting for the project’s influence in context of effects of other past, present, and future developments. If a project’s transportation impact analysis determines that a VMT efficiency metric such as VMT per resident falls below the threshold of significance, and if the project is aligned with long-term environmental goals, it should be concluded that the project “would have no cumulative impact distinct from the project impact.” This study determines that the Project VMT is below the threshold of significance, which would lead to a reduction in GHG emissions and is aligned with long-term environmental goals. Hence, the cumulative VMT impacts of the Project are less than significant.
Impact Conclusion
The Project generated VMT per resident is below the threshold of significance, hence the impact would be less than significant without mitigation.
Mitigation Measure
No mitigation is required.
TRA-3: WOULD THE PROJECT SUBSTANTIALLY INCREASE HAZARDS DUE TO A GEOMETRIC DESIGN FEATURE (E.G., SHARP CURVES OR DANGEROUS INTERSECTIONS) OR INCOMPATIBLE USES (E.G.
FARM EQUIPMENT)?
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The Project does not include specific transportation network design considerations that may potentially increase sharp curves or other geometric hazards. Off-site transportation network alterations because of specific housing development projects would be considered as part of the project planning process. Other improvements to the circulation network undertaken by the Town would be implemented over time and in accordance with adopted design standards and guidelines.
All housing units proposed as part of the Housing Element Update are intended for residences within single-family or multifamily dwellings and are near existing residential land uses. Vehicle trips generated by these units would be primarily personal vehicle trips and do not introduce or present an incompatible transportation mode use.
Impact Conclusion
As the Project is not incompatible with surrounding land uses, there are no off-site road geometric design alterations, and potential hazards associated with circulation patterns will be addressed by individual projects, the Project would result in a less-than-significant impact.
Mitigation Measure
No mitigation is required.
TRA 4: WOULD THE PROJECT RESULT IN INADEQUATE EMERGENCY ACCESS? Sir Francis Drake Boulevard and Red Hill Avenue are designated as evacuation routes for use in the event of an emergency which shall be maintained in usable conditions at all times. During progressing fire or flood events, public response authorities monitor developing conditions when deciding to issue instructions regarding evacuation. Individual developments associated with the Project would be required to be assessed for impact to emergency vehicle access and designed in accordance with all applicable design standards for emergency access within and around the site. Requirements include considerations for very high severity fire hazard zone developments, minimum lane width of the internal on-site drive aisles to allow for passing of emergency vehicles within multifamily developments, and fire safety plan review and approval.
Potential impacts to roadway emergency access during construction would be addressed through the construction traffic control plan and reviewed and approved by appropriate Town departments.
Impact Conclusion
As adequate emergency access is included as part of the Town requirements for individual projects, which will be reviewed by local officials as part of design review, the Project has a less than significant impact with respect to emergency access.
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Mitigation Measure
No mitigation is required.
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APPENDIX C: VMT Thresholds of Significance Policy
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APPENDIX D: List of General Plan and Zoning Code Amendments General Plan Amendment List
1. Land Use Designation Map Amendments to reflect Housing Element Opportunity Sites
2. Repeal and replace Housing Element
3. Amendments to Land Use Element
a. Introduction- Typographical and/or grammatical correction b. Existing Land Use- Typographical and/or grammatical correction c. Issues, Objectives, and Policies Issues: Residential Densities Objective 3- i. Policy 3.1- Typographical and/or grammatical corrections ii. Policy 3.2- Typographical and/or grammatical corrections iii. Policy 3.3- Add the term “affordable” and remove the term “opportunity.”
iv. Policy 3.4- Add the term “affordable” and remove the term “opportunity.”
d. Issues, Objectives, and Policies Issues: Protection of Hillside and Ridge Properties Objective 9-
i. Policy 9.8- Typographical and/or grammatical correction ii.
e. Issues, Objectives, and Policies Issues: Protection of Hillside and Ridge Properties Objective 10-
i. Policy 10.1- Typographical and/or grammatical correction f. Issues, Objectives, and Policies Issues: Preservation of Neighborhood Character, Images, and Quality of Life- Objective 11-
i. Policy 11.3- grammatical error correction
g. Issues, Objectives, and Policies Issues: Maintenance of Adequate Water Services and Fire Flow in Hillside and Ridge Areas- Objective 13- i. Policy 14.1- Typo
h. Issues, Objectives, and Policies Issues: Maintenance of Adequate Water Services and Fire Flow in Hillside and Ridge Areas- Objective 14- i. Policy 14.1- Typo
i. Issues, Objectives, and Policies Issues: Reuse of Surplus School District LandObjective 18- i. Policy 18.3- grammatical correction
j. Land Use Categories
i. Very Low Density- grammatical correction
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ii. Single-Family Residential-Conservation (1 Unit/Gross Acre or Less)- grammatical correction
iii. Single-Family Residential (1-6 Units/Gross Acre)- grammatical correction and amendments
iv. Medium Density Residential (5-12 Units/Gross Acre)- Amendments v. High Density Residential (13-30 Units/Gross Acre- Amendments vi. Downtown Mixed Residential (6-30 Units/Gross Acre- Grammatical corrections and amendments
vii. Affordable Housing Overlay (13-40 Units/Gross Acre- Grammatical corrections and amendments. Changed land use category from Housing Opportunity Areas/Apartments to Affordable Housing Overlay viii. Commercial- Typographical corrections
ix. Central Commercial- Typographical and/or grammatical corrections x. General Commercial- Grammatical corrections and amendments.
Reference height increase from 30 to 35 feet tall.
xi. Limited Commercial- Typographical and/or grammatical corrections and amendments. Reference height increase from 30 to 35 feet tall. xii. Neighborhood Commercial/Mixed Residential- Typographical and/or grammatical corrections and amendments. Reference floor area increase to address Government Code Section 65589.5(h)(2).
xiii. Professional- Typographical and/or grammatical corrections xiv. Parks and Open Space- Grammatical correction
xv. Public Facilities- Amendment to add possibility of residential uses on Town land.
k. Implementation- Grammatical corrections
l. Code Revisions
i. Zoning Code and Map- Grammatical corrections and amendments to change the reference to the Housing Opportunity section to Affordable Housing Overlay.
m. Future Planning
i. Affordable Housing Overlay Areas Map- Amendments related to change from Housing Opportunity Area Map description to Affordable Housing Overlay.
ii. Historic Preservation Ordinance
Zoning Code Amendment List
1. Article 2. Designation and Establishment of Districts a) Repeal and Replace Section 10-3.201
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2. Article 3. Land Use Regulations
a) Repeal and Replace Section 10-3.302 Land Use Regulations Table i. New Uses
These uses were added for one of the following reasons: to conform with State law requirements, to respond to recurring or common requests from community members, or to reflect modern planning and land use best practices.
1. Service Organizations and Clubs
2. Low Barrier Navigation Centers
3. Farmers Markets
4. Mini-Storage
5. Temporary Uses and Events
6. Wireless Telecommunications Facilities
7. Mail Services
8. Offices, Ancillary
9. Research and Development
ii. Renamed Uses
These uses were renamed to use modern terminology, match the naming convention of other similar uses, or clarify the intention of the use.
1. Churches renamed as Religious Institutions
2. Day Care, Large Family Day Care Home renamed as Day Care Homes, Large Family
3. Day Care, Small Family Day Care Home renamed as Day Care Homes, Small Family
4. Rental Libraries renamed as Libraries and Museums
5. Amusement, Places of and Entertainment, Places of renamed as:
a. Indoor Entertainment Facilities
b. Theaters and Meeting Halls
6. Parks, Public renamed as Parks and Playgrounds, Public
7. Residential, Multi-Family divided and renamed as: Residential, MultiFamily (2 to 4 units) and Residential, Multi-Family (5+ units)
8. Building Supplies and Lumber when within a Building renamed as Building Material Stores
9. Wireless Sales renamed as Cell Phone & Wireless Stores
10. Nursery, Garden renamed as Nurseries
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12. Professional, Medical Clinics renamed as Medical Services, Clinic, Urgent Care
13. Hospitals renamed as Medical Services, Hospitals
14. Professional, Veterinary Clinics renamed as Medical Services, Veterinary Clinics and Hospitals
15. Transportation Services, Bus Depots renamed as Transportation Services, Transit Stop
iii. Combined Uses
Many uses were combined with other similar uses to create one overarching use, reducing duplication, removing outdated terminology, and streamlining use definitions. In some instances, the uses were combined under a new name. In other cases, an outdated or duplicative use was added under the name of an existing use and the definition for the overarching use was revised to clarify that outdated/ duplicative use falls within the overarching use.
1. Day Care Centers includes:
a. Day Care Centers
b. Nursery School
c. Preschool
2. Elementary and Secondary Schools includes:
a. Schools, Public
b. Schools, Private
c. Schools, Religious
3. Schools, Specialized Education and Training includes:
a. Schools, Private
b. Schools, Religious
4. Recreation, Places of added to Fitness Center and Parks and Playgrounds, Public (previously named Parks, Public)
5. Other Residential Care Facilities includes:
a. Foster Family Homes
b. All other types of miscellaneous residential care facilities were added for the Housing Element Update (see the definition for description of what those facilities include).
6. Residential Care Facilities, Large includes:
a. Residential Care Facility, Large
b. Residential Care Facility for Persons with Chronic Life-Threatening Illness, Large
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c. Residential Care Facility for the Elderly, Large
7. Residential Care Facilities, Small includes:
a. Residential Care Facilities, Small
b. Residential Care Facility for Persons with Chronic Life-Threatening Illness, Small
c. Residential Care Facility for the Elderly, Small
8. Grocery Store includes:
a. Food Stores (6:00 a.m.-11:00 p.m. only)
b. Food Stores, Before 6:00 a.m. and After 11:00 p.m.
c. Butcher Shops
d. Dairy Products Store
Note: The timing limitations associated with the old Food Stores use terms were moved to the definition of Grocery Store.
9. Drinking Establishments includes:
a. Bars
b. Alcohol, On-Sale
10. Restaurants includes:
a. Bakery
b. Bakery Goods Store
c. Delicatessens
d. Restaurants
e. Restaurants, Cafes
f. Restaurants, Take-Out
Note: This definition does not include an allowance for a restaurant serving alcohol. Staff have created a separate new use to allow for restaurant use that includes alcohol and/or live entertainment.
11. Restaurants, With Alcohol and/or Entertainment includes:
a. Restaurants
b. Alcohol, On-Sale
12. Auto, Vehicle, and Parts Sales and Rentals includes:
a. Automotive, Rental
b. Automotive, Sales
c. Motorcycle, Sales
13. Banks and Financial Services, Retail includes:
a. Banks
b. Savings & Loan Institution
c. Financial/Real Estate Services
14. Retail Stores, General Merchandise includes:
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a. Animal Grooming Supplies
b. Audio/video Sales and Services
c. Bakery Goods Store (No on-site baking)
d. Bicycle, Sales and Repair
e. Candy Shops
f. Cigar Stores
g. Clothing Stores
h. Computers, Sales and Repair
i. Florists
j. Furniture Stores
k. Hardware Stores
l. Jewelry Stores
m. Leather Goods Stores
n. Musical Instruments Sales and Service
o. Paint Stores
p. Pet Stores
q. Pharmacy
r. Photographic Equipment Sales and Service
s. Professional, Optician
t. Sporting Goods Stores
u. Stationery Stores
v. Toy Stores
w. Wall Paper Stores
15. Personal Services includes:
a. Animal Grooming
b. Barber Shops
c. Beauty Parlors
d. Beauty Support Services
e. Shoe Repair
f. Tool Repair, Commercial
g. Travel Bureaus
16. Repair and Maintenance, Consumer Products includes:
a. Appliances, Repair and Domestic
b. Audio/video Sales and Services
c. Bicycle, Sales and Repair
d. Business Machine Sales and Repair
e. Computers, Sales & Repair
17. Service Stations includes:
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a. Automotive, Gasoline, Full and Self-Service
b. Automotive, Gasoline, Service Station, Full and Self Service c. Automotive, Gasoline with Convenience Market
d. Automotive, Wash
18. Vehicle Repair and Maintenance includes:
a. Automotive, Service and Repair
b. Motorcycle, Services and Repairs
19. Business Support Services includes:
a. Business Support Services
b. Business Machine Sales and Repair
c. Blueprinting Shops
d. Computers, Sales and Repair
e. Mail Services
f. Printing Shops
g. Tool Repair, Commercial
20. Offices includes:
a. Financial/Real Estate Services
b. Professional, Offices
c. Professional, Real Estate
d. Studios
21. Medical Services, Doctor Offices includes:
a. Professional, Dental
b. Professional, Medical
c. Professional, Optometrist
22. Medical Services, Extended Care includes:
a. Alcoholism and/or Drug Treatment Facility Small
b. Alcoholism and/or Drug Treatment Facility, Large
c. Convalescent Homes
d. Drug Stores, Including Drug and/or Alcoholism Treatment Facility, Small
e. Drug Stores, Including Drug and/or Alcoholism Treatment Facility, Large
f. Pediatric Day Health and Respite Care Facility
23. Laundry, Dry-Cleaning, and Laundromats includes:
a. Dry Cleaners
b. Dry Cleaners, Self-Service
c. Laundries
d. Laundry, Self-Serve
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iv. Removed Uses
These uses were removed because they were outdated terms or uses.
1. Manufacturing, Light
2. Variety Stores
3. Wholesale Warehouses
3. Article 4. Development Standards
a) Repeal and Replace Section 10-3.402 Development Standards Table i. Modify Density in the R-3, C-L, C-3 Zoning Districts from 20 units/acre to 30 units/acre
ii. New Minimum density requirements in the R-2, R-3, P, C-1, C-2, C-L, and C-3 Zoning Districts
iii. Modify Lot Coverage in the R-2 Zoning District from 35% to 50% iv. Modify Floor Area Ratio Maximum in the C-1, C-L, and C-3 Zoning District to comply with state law.
v. Modify the maximum story height of a building in the C-L and C-3 Zoning Districts from 2 stories to 3 stories
vi. Modify the maximum height of a building in the C-L and C-3 Zoning Districts from 30-feet to 35-feet.
vii. Amended and added new footnotes
4. Article 5. Parking and Loading Regulations
a) Repeal and replace Section 10-3.502
i. Modified parking requirements in the residential and commercial b) Repeal and replace Section 10-3.512- Loading space: Requirements c) Repeal and replace Section 10-3.516- Electric vehicle parking d) Add Section 10-3.518 Bicycle racks
e) Add Section 10-3.519- Existing Structures and Uses
f) Add Section 10-3.520- Expansion or intensification in Use g) Add Section 10-3.521 Parking calculation
h) Add Section 10-3.521- Joint use parking
5. Article 13. Conditional Use Permit
a) Repeal and replace Article 13. Conditional Use Permit
6. Article 17. Definitions
a) Repeal and replace Article 17. Definitions
i. Amend definition of Accessory Use
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ii. Amend definition of Ally
iii. Amend definition of Services, Retail
iv. Amend definition of Bed and Breakfast Inn
v. Amend definition of Convalescent homes
vi. Amend definition of Day Care Center
vii. Amend definition of Day Care Home, Large Family
viii. Amend definition of Day Care Home, Small Family
ix. Amend definition of Duplex
x. Amend definition of Emergency Shelter
xi. Amend definition of Fitness Center(s)
xii. Amend definition of Hotel
xiii. Amend definition of Mail Service
xiv. Amend definition of Parking Garages, Commercial
xv. Amend definition of Parking Lot, Commercial
xvi. Amend definition of Restaurants
xvii. Amend definition of Restaurants, fast food.
xviii. Amend definition of Service Stations
xix. Amend definition of Temporary Use
xx. Amend definition of Transitional Housing
xxi. Amend definition of Transportation Services
xxii. Amend definition of Triplex
xxiii. Amend definition of Wholesale and Distribution
xxiv. New definition for Alcoholic Beverage Sales, Off-Premises xxv. New definition for Ancillary
xxvi. New definition for Animal Boarding
xxvii. New definition of Auto, Vehicle, and Parts Sales and Rentals xxviii. New definition for Automated Teller Machines
xxix. New definition for Building Material Store
xxx. New definition for Business Support Services
xxxi. New definition for Cell Phone and Wireless Stores xxxii. New definition for Department Store
xxxiii. New definition for Drinking Establishment
xxxiv. New definition for Drug and/or Alcoholism Treatment Facility, Large xxxv. New definition for Drug and/or Alcoholism Treatment Facility, Small xxxvi. New definition of Elementary and Secondary Schools xxxvii. New definition of Farmers Market
xxxviii. New definition of Fitness Centers, Classes as a Primary Use xxxix. New definition of Grocery Stores
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xl. New definition of Indoor Entertainment Facilities
xli. New definition of Laundry, Dry Cleaning and Laundromats xlii. New definition of Libraries and Museums
xliii. New definition of Light Manufacturing
xliv. New definition of Live-Work
xlv. New definition of Live-work, Ground Floor Commercial xlvi. New definition of Low-Barrier Navigation Center
xlvii. New definition of Medical Services, Clinics and/or urgent care xlviii. New definition of Medical Services, Doctor Offices xlix. New definition Medical Services, Extended Care
l. New definition of Medical Services, Hospitals
li. New definition of Medical Services, Veterinary Clinics and Hospitals lii. New definition of Mini-Storage
liii. New definition of Nurseries
liv. New definition of Offices
lv. New definition of Other Residential Care Facilities lvi. New definition of Outdoor Sales and Rental, Ancillary lvii. New definition of Parks and Playgrounds, Public
lviii. New definition of Personal Services
lix. New definition of Religious Institution
lx. New definition of Repair and Maintenance, Consumer Products lxi. New definition of Research and Development
lxii. New definition of Residential Care Facilities, Large lxiii. New definition of Residential Care Facilities, Small lxiv. New definition for Residential, Multi-Family (2-4 Units) lxv. New definition for Residential, Multi-Family (5+ Units) lxvi. New definition for Restaurants, with Alcohol and/or Entertainment lxvii. New definition for Retail Stores, General Merchandise lxviii. New definition of Schools, Specialized Education and Training lxix. New definition of Service Organizations and Clubs lxx. New definition of Storage, Ancillary
lxxi. New definition of Theaters and Meeting Halls
lxxii. New definition of Vehicle Repair and Maintenance lxxiii. New definition of Wireless Telecommunications Facilities. lxxiv. Remove definition for Child day care facility
lxxv. Remove definition of Family daycare home
lxxvi. Remove definition of Drug treatment and/or alcoholism lxxvii. Remove definition of Mini-warehouse
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lxxviii. Remove definition of Nursery
lxxix. Remove definition of Office, Medical
lxxx. Remove definition of Office, professional
lxxxi. Remove definition of Places of Entertainment
lxxxii. Remove definition of Professional dental
lxxxiii. Remove definition of Professional, Medical
lxxxiv. Remove definition of Professional, medical, day treatment center lxxxv. Remove definition of Professional, optician
lxxxvi. Remove definition of Professional, optometrist
lxxxvii. Remove definition of Professional, real estate lxxxviii. Remove definition of Professional, veterinary lxxxix. Remove definition of Residential Care facility for the elderly, large xc. Remove definition of Residential Care facility for the elderly, small xci. Remove definition of Residential care facility for persons with chronic life-threatening illness, large
xcii. Remove definition of Residential care facility for persons with chronic life-threatening illness, small
xciii. Remove definition of Residential, multi-family
xciv. Remove definition of School, preschool
xcv. Remove definition of School, private
xcvi. Remove definition of School, public
xcvii. Remove definition of School, religious
xcviii. Remove definition of Small family daycare home
7. Title 10, Chapter 12, Emergency Shelter
a) Repeal and replace Chapter 12 Emergency Shelter
8. Title 10, Chapter 20 Objective Development Design Standards for Residential Development. a) Repeal and replace Chapter 20 Objective Development Design Standards for Residential Development
9. Chapter 6, Article 1, Accessory Dwelling Units and Junior Accessory Dwelling Units Purpose, Definitions, Permit Requirement and Exemption
a) Amend Section 1-6.302- Definitions to add a definition for “Attached accessory dwelling unit.”
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APPENDIX E: Footnotes
i California State Parks, S. of C. (n.d.). California Historical Resources. CA State Parks. Retrieved December 1, 2022, from https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=21 ii U.S. Department of the Interior. (2022, September). Maps | National Park Service. National Parks Service.
Retrieved December 1, 2022, from https://www.nps.gov/maps/full.html?mapId=7ad17cc9-b808-4ff8-a2f9- a99909164466
iii HartMarin. (2010). (tech.). Initial Study of Environmental Impact Part 1 - Campus Plan 2010 A Master Plan Amendment. San Francisco Theological Seminary. Retrieved December 2, 2022, from https://www.townofsananselmo.org/DocumentCenter/View/23517/092811---Volume-II---Initial-Study-as-SinglePDF?bidId=. iv Town of San Anselmo. 2019. General Plan 2019 Update. Retrieved from:
https://www.townofsananselmo.org/DocumentCenter/View/5210/General-Plan-includes-Feb-2019-amendment. v Town of San Anselmo. 2009. Resolution No. 3856. Retrieved from:
https://www.townofsananselmo.org/DocumentCenter/View/8986. vi California Department of Conservation, California Geological Survey. 2022. Alquist-Priolo Earthquake Fault Zones.
Retrieved from: https://www.conservation.ca.gov/cgs/alquist-priolo#. vii California Department of Conservation, California Geological Survey. 2021. EQ Zapp: California Earthquake Hazards Zone Application. Updated: September 23, 2021. Retrieved from:
https://www.conservation.ca.gov/cgs/geohazards/eq-zapp. viii California Department of Conservation, California Geological Survey. 2021. Seismic Hazards Mapping Act.
Retrieved from: https://www.conservation.ca.gov/cgs/hazards/seismic-hazards-mapping-act. ix Town of San Anselmo. 2009. Resolution No. 3856. Retrieved from:
https://www.townofsananselmo.org/DocumentCenter/View/8986. x Town of San Anselmo. 2019. General Plan 2019 Update. Retrieved from:
https://www.townofsananselmo.org/DocumentCenter/View/5210/General-Plan-includes-Feb-2019-amendment. xi United States Department of Agriculture, Natural Resources Conservation Service. 2022. Custom Soil Resources Report for Marin County, California – Town of San Anselmo. Retrieved from:
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx xii ousing Elements | California Department of Housing and Community Development. (2019). Ca.gov. https://www.hcd.ca.gov/planning-and-community-development/housing-elements xiii Olmstead, Z. (2020). AB 686 Summary of Requirements in Housing Element Law. https://www.hcd.ca.gov/community-development/housing-element/housing-elementATTACHMENT 19 1796 Town of San Anselmo Housing Element Update 168
Initial Study
memos/docs/ab686_summaryhousingelementfinal_04222020.pdf#:~:text=AB%20686%20creates%20new%20requ irements%20for%20all%20state,Law%2C%20which%20is%20the%20focus%20of%20this%20document. f
xiv California Department of Conservation, Division of Mine Reclamation. 2022. Mines Online – Interactive Map.
Retrieved from: https://maps.conservation.ca.gov/mol/index.html. xv California Department of Conservation, Division of Mine Reclamation (DMR). 2022. DMR All Mines. Updated April 11, 2022. Retrieved from:
https://www.arcgis.com/home/item.html?id=6d7115673f0347d5863d69e77ccde7d4. xvi California Department of Forestry and Fire Protection (CalFIRE). 2022. Fire Hazard Severity Zones. Retrieved from: https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/wildfirepreparedness/fire-hazard-severity-zones/. xvii Radeloff et al. 2005, 2018. Rapid Growth of the US Wildland-Urban Interface Raises Wildfire Risk. PROCEEDINGS OF THE NATIONAL ACADEMY OF SCIENCES USA, 115(13):3314-3319 (2018). Retrieved from:
https://www.pnas.org/doi/10.1073 /pnas.1718850115.
xviii Marin County Fire Department. 2016. Community Wildfire Protection Plan. Retrieved from:
http://marin.granicus.com/DocumentViewer.php?file=marin_82830f19a8619aed25972c29dc554830.pdf xix CalFIRE. 2022. Fire Hazard Severity Zones. Retrieved from: https://osfm.fire.ca.gov/divisions/communitywildfire-preparedness-and-mitigation/wildfire-preparedness/fire-hazard-severity-zones/. xx Town of San Anselmo. 2019. General Plan 2019 Update. Retrieved from:
https://www.townofsananselmo.org/DocumentCenter/View/5210/General-Plan-includes-Feb-2019-amendment. xxi Ross Valley Fire Department. 2022. Fire Stations. Retrieved from: https://www.rossvalleyfire.org/about/firestations. xxii Town of San Anselmo Draft Housing Element (2023-2031), draft issued for review on December 12, 2022. https://www.townofsananselmo.org/1517/Housing-Element-Update. Accessed December 14, 2022. xxiii CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act, Appendix G. December 28, 2018 xxiv Town of San Anselmo, General Plan Circulation Element. Adopted December, 1988, with subsequent amendments. xxv Town of San Anselmo General Plan Land Use Element. Adopted December 1998, with subsequent amendments. xxvi Metropolitan Transportation Commission and Association of Bay Area Governments, Plan Bay Area 2050, A Vision for the Future. Adopted October, 2021.
xxvii Transportation Authority of Marin, 2021 Congestion Management Program Final Draft Report. Issued September 2021.
xxviii California Governor’s Office of Planning and Research, Technical Advisory on Evaluating Transportation Impacts in CEQA. Issued December 2018. https://opr.ca.gov/docs/20190122-743_Technical_Advisory.pdf. Accessed Nov 14, 2022.
ATTACHMENT 19 1797
Town of San Anselmo Housing Element Update 169
Initial Study
xxix CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act, Article 5, §15064.3(b). December 28, 2018. xxx Parisi Transportation Consulting, Draft Memo: Recommended VMT Significance Thresholds for Land Use Projects in the Town of San Anselmo. December 9, 2022.
ATTACHMENT 19 1798
1799
1800
Item #: 2.5
STAFF REPORT
TOWN OF SAN ANSELMO
STAFF REPORT ADDENDUM Item #: 2.5
MEETING DATE: December 12, 2023
AGENDA TITLE: Adopt a Resolution Approving the 6th Cycle Housing Element (2023-2031) and Amendments to the Land Use
Element Related to California Government Code Section
65583.2(c)(3)(B)(iii)
FROM: Heidi Scoble, Planning Director
Linsey Klein, Senior Planner
Jackson Dobronyi, Assistant Planner
BACKGROUND/DISCUSSION
As an addendum to the December 12, 2023 Staff Report for Agenda Item 2.5, on December 8, 2023, the Town of San Anselmo received written confirmation from the California Department of Housing and Community Development (HCD) (see Attachment 1) that the revised draft Housing Element meets the statutory requirements described in HCD’s October 26, 2023 review. This means the Town can move forward with the adoption of the Housing Element and once the Town completes the required rezonings as described in the December 12, 2023, Staff Report, then the HCD will certify the Housing Element in accordance with Government Code section 65585.
ATTACHMENT
Attachment 1- California Department of Housing and Community Development Letter dated December 8, 2023
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 8, 2023
Heidi Scoble, Director
Planning Department
Town of San Anselmo
525 San Anselmo Ave.
San Anselmo, CA 94960
Dear Heidi Scoble,
RE: Town of San Anselmo’s (2023-2031) Revised Draft Housing Element Thank you for submitting the Town of San Anselmo’s (Town) revised draft housing element update that was received for review on December 4, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The revised draft element meets the statutory requirements described in HCD’s October 26, 2023 review. The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq.) when these revisions are incorporated into the adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the Town failed to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), Program Actions 5.2a and 5.7a to rezone sites to accommodate the regional housing needs allocation (RHNA) must be completed no later than one year from the statutory deadline. Particularly, rezoned sites to accommodate the shortfall of sites to accommodate the lower-income RHNA must have a minimum density of 20 units per acre in accordance with Government Code section 65583.2, subdivision (h). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until all necessary rezones to make prior identified sites available and accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c)(1)(A) and Government Code section 65583.2, subdivision (c) are completed. 1802
Heidi Scoble, Director
Furthermore, as nonvacant sites accommodate 50 percent or more of the lower income need, the housing element must describe “substantial evidence” that the existing use does not constitute an impediment for additional residential use on the site. Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.
HCD appreciates the hard work and dedication the Town’s housing element team provided in preparation of the Town’s housing element and looks forward to receiving the Town’s adopted housing element. If you need additional technical assistance, please contact Fidel Herrera, at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
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2023-2031 DRAFT HOUSING
ELEMENT AND RELATED
ACTIONS
December 12, 2023
San Anselmo Town Council
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Purpose ■ Conduct a public meeting for consideration of the following: – Adopt a Resolution to approve the 2023 -2031
Housing Element and amendments to the Land
Use Element for consistency with the Housing
Element
– Find the Housing Element and Land Use
Element Amendments are consistent with the
Initial Study/Mitigated Negative Declaration
and that no further environmental review is
required
■ Thank the Housing Element Advisory Committee
members for volunteering their and for their
excellent work.
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Housing Element ■ 6th Cycle Housing Element – One of seven mandated General Plan elements – 8 Year time frame (2023-2031) – Heavily regulated by State law – Must be reviewed and certified by California Department of Housing and Community Development (HCD) ■ Plans for housing needs of all economic segments of the community – Must have adequate zoning to meet the housing needs – Must include goals, policies, and actions to ensure the Town provides adequate housing support for the entire community, including special needs households.
■ An HCD-compliant Housing Element allows the Town to:
– Maintain local discretion over permit reviews and
discretionary approvals
– Avoid potential legal challenges, financial penalties, and receivership
– Access to State funding resources 1806
Housing Element Update Timeline
■ Since May 2022, the Town has been working on an update to the Housing Element
– 2 Public Workshops
– 2 Community Pop-Up (Live on the Avenue and Goblin
Spooktacular)
– 7 Housing Element Advisory Committee Meetings
– 4 Planning Commission Meetings
– 6 Town Council Meetings
– 4 HCD comment letters (April 26, 2023, August 1,
2023, October 26, 2023, and December 8, 2023)
– 5 meetings with HCD staff
■ 6 Revisions to the Draft Housing Element 1807
Summary of Housing Element Revisions
■ Corrected typing errors throughout Housing Element
■ Chapter 3, Housing Needs
– Added additional data and projected population demographics ■ Chapter 4, Housing Constraints
– Added additional details, supporting information, clarifying information and misc. updates regarding new policy documents
■ Chapter 6, Housing Opportunities
– Introductory vision statement for underutilized properties, supporting information regarding realistic capacity, data tables, intention to conform with Government Code ■ Chapter 7, Affirmatively Furthering Fair Housing
– Added new actions to support information in the chapter, added graphic targets, and added supporting information.
■ Chapter 8, Policies, Programs, and Actions
– Added more specific timeframes and metrics, new actions to comply with state law, new tables
■ Appendix B, Map Book 1808
Land Use Element Amendments
■ California Government Code Section 65583.2(c)(3)(B)(iii) – Requires a minimum density of 20 dwelling units/acre to accommodate housing for lower income housing
– Housing Element Chapter 6, Table 6.8 shows minimum density of 20 dwelling units/acre
■ Proposed Land Use Element Amendments
– High Density Residential (13 20-30 Units/Gross Acre)
– Affordable Housing Overlay Zone (13 20-40 Units/Gross Acre) – Central Commercial (13 20 Units/Gross Acre)
– General Commercial (13 20-30 Units/Gross Acre)
– Limited Commercial Neighborhood Commercial (13 20-30
Units/Gross Acre)
– Neighborhood Commercial/Mixed Residential (13 20 Units/Gross Acre)
– Professional (13 20-30 Units/Gross Acre) 1809
Housing Element Adoption Next Steps
■ Finalize the following Zoning Code Text Amendments in January:
– Amend Zoning Code to accommodate California Government Code Section 65583.2 subdivisions (h) and (i) that requires by-right development allowed when at least 20% of housing units are affordable to lower income households.
– Amend the General Plan Land Use Element and the Zoning Code to accommodate California Government Code Section
65583.2(c)(3)(B)(iii) which requires a minimum density of 20 units to accommodate lower income households.
■ December 4, 2023, Planning Commission public hearing
– Adopted Resolution No. 2023-18
■ Recommend Town Council approval of the Housing Element and CEQA Findings
– Adopted Resolution No. 2023-17
■ Recommend Town Council approval of proposed Zoning Code Text Amendments 1810
California Environmental Quality Act
■ California Environmental Quality Act (CEQA) requires all “Projects” to comply with CEQA
■ Housing Element and related actions are considered a “Project” ■ An Initial Study prepared for the Housing Element and related actions concluded that a “Negative Declaration” can be
considered
■ An Initial Study/Negative Declaration was prepared per the CEQA Guidelines, filed with the State Clearinghouse, and certified by the Town as the Lead Agency via Resolution No. 2023-4513 on July 25, 2023
■ Per CEQA Guidelines Section 15162, no supplemental or subsequent CEQA is required because the actions presented this evening are consistent with the analysis provided in the approved Initial Study/Negative Declaration. 1811
Housing Element Advisory Committee
■ Established by Resolution No. 4434 on June 14, 2022
– 4 San Anselmo Residents
■ Chair Sandra Becker, Kathy Ogren, Robin Poppers, and
Richard Redmond
– 2 Town Councilmembers
■ Eileen Burke and Alexis Fineman
– 1 Planning Commissioner
■ Tom Tunny
■ Members Participated in 7 Public Meetings
■ Integral part of the Draft Housing Element’s Opportunity sites and policies
■ Committee dissolves once the Housing Element is certified by the HCD
■ Planning Department publicly extends its gratitude and appreciation to the Committee members for their time, acumen, and dedication. 1812
THANK YOU TO THE SAN ANSELMO TOWN
COUNCIL, PLANNING COMMISSION, HEAC,
COMMUNITY FOR YOUR PARTICIPATION AND
DEDICATION TO THE PUBLIC PROCESS
1813
Recommendation
1. Adopt a Resolution approving the 6th Cycle Housing Element (2023-2031) as an amendment to the General Plan and Land Use General Plan amendments related to California Government Code Section 65583.2(c)(3)(B)(iii)); and
2. Find that the Amendments to the General Plan are covered by the Initial Study/Negative Declaration (SCH Number 2023060315) prepared for the Town of San Anselmo Housing Element Update certified by the Town as the Lead Agency on July 25, 2023, pursuant to the California Environmental Quality Act (CEQA) and that no supplemental or subsequent environmental review is required.
3. Thank the Housing Element Advisory Committee members for volunteering their time and for their excellent work.
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