PURPOSE:

This report provides a status update for the City Council regarding the ongoing update of the General Plan and the proposed Trip-Based Intensity Measurement Standard (TIMS) discussed with the Council on June 27, 2006.  This report also seeks direction from the Council regarding the public comment period for the related Draft Environmental Impact Report (DEIR).

DISCUSSION:

At the City Council meeting of June 27, 2006, staff provided a report on the status of TIMS, the method proposed in the update of the General Plan Land Use and Mobility Elements for limiting commercial development intensity based upon the number of vehicle trips it would generate.  At that meeting, the Council provided direction to staff for additional stakeholder input and outside professional review for TIMS and for an amendment to the Development Review application process.  This report provides a status update regarding that direction, and seeks additional direction regarding the DEIR public comment period.

TIMS and General Plan Update

On June 27, the Council directed staff to seek professionals with expertise in economics, land use planning, and transportation planning/traffic engineering to conduct an independent review of TIMS.  Specifically, the consultants would review the potential economic impacts of TIMS, the methodology and assumptions behind TIMS, and the mechanics of the City�s traffic model, and make recommendations regarding areas for improvement or alternative approaches.  Staff was directed to return as quickly as possible with information about recommended consultants and the funding that would be required to retain their services.  Staff is currently contacting consultants and will provide a full report to the Council on July 25.

Development Review Process Amendment

On June 27, the Council further directed staff to return as quickly as possible with an ordinance to modify the process for considering Development Review applications.  The ordinance would make all development review applications subject to discretionary review, and would require certain projects to be reviewed by the Planning Board and/or City Council.

As a result of direction and input received over the past few months from the City Council and Planning Board, staff has been working on an ordinance that would clarify the appeal process for planning project applications and make the process consistent across all application types.  The proposed ordinance would also modify the Development Review application process by requiring a community meeting to be held prior to any decision being made on the application.  The ordinance was considered by the Planning Board on June 12, 2006, and recommended for approval by the Council.  The Council is scheduled to consider the ordinance at a public hearing on July 25, 2006.

Because the proposed ordinance already involves changes to the Development Review process, staff believes that it would be appropriate to incorporate the additional requested changes into the ordinance.  The Council could then consider and adopt all desired changes on July 25.  Given the Council�s direction, staff believes that incorporating the additional changes into the ordinance already reviewed by the Planning Board would be appropriate.  The changes could then be adopted through the normal ordinance process following the noticed public hearing.  Staff will present two ordinances for the Council�s consideration: the ordinance as recommended by the Planning Board without the additional changes requested by Council on June 27, and a modified ordinance that incorporates the additional changes.

DEIR Public Comment Period

As required by the California Environmental Quality Act (CEQA), a DEIR was prepared to analyze the potential environmental impacts resulting from the updated Land Use and Mobility Elements and the proposed TIMS.  CEQA requires that a 45-day public comment period be provided for a DEIR.  The purpose of the public comment period is to allow for interested parties to submit written comments regarding the DEIR.  The comments are then responded to in writing as part of the Final EIR.  The original 45-day comment period for the DEIR was scheduled to end on June 9, 2006.  At the request of several members of the public, the comment period was extended for an additional 45 days through July 24, 2006. 

The direction from the City Council on June 27 to seek outside professional review and additional stakeholder input for TIMS could result in changes to TIMS and the proposed Land Use and Mobility Elements.  This may in turn require changes to the project description and environmental analysis in the DEIR.  CEQA requires that if substantial changes (as defined in the State CEQA Guidelines) are made to a DEIR following the public comment period, the document must be re-circulated for an additional 45-day comment period.  Staff believes that a new or revised DEIR will be required, which would be re-circulated several months from now following the TIMS review and public input process.

Staff therefore recommends that the DEIR public comment period end on July 24 as has been previously noticed, and not be further extended.  While anyone is still welcome to submit comments, staff believes that it would be more appropriate and productive to encourage concerned parties to submit comments on the new or revised DEIR that will be completed in the coming months.  Staff will notify those groups that have expressed their intent to submit comments on the current DEIR that they may wait until the new or revised DEIR is released.  The project description and environmental analysis in the new or revised DEIR will be reflective of the final direction provided by the Council for TIMS and the updated General Plan Elements, following additional stakeholder input and professional review.

CONCLUSION:

Staff will return to the Council on July 25 with recommendations for independent professional review of TIMS and information about the funding that will be required.  Also on July 25 staff will present a proposed ordinance to amend the development review application process as directed by Council.  The DEIR public comment period will end on July 24, unless otherwise directed by Council.  A new or revised DEIR will be re-circulated at a later time, and staff recommends that the current comment period end as previously noticed on July 24.

RECOMMENDATION:

Staff recommends that the Council note and file this report.  If the Council wishes to extend the comment period for the current DEIR beyond the noticed deadline of July 24, staff seeks direction from the Council.

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