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HomeMy WebLinkAboutStaff Report 2409-3475CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, October 07, 2024 Council Chambers & Hybrid 5:30 PM     Agenda Item     13.Adopt a Resolution to Amend Palo Alto's Baylands Priority Conservation Area to Conform to New Planning Criteria. CEQA: Not a ‘Project’ and is Exempt from CEQA Review. City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: October 7, 2024 Report #:2409-3475 TITLE Adopt a Resolution to Amend Palo Alto's Baylands Priority Conservation Area to Conform to New Planning Criteria. CEQA: Not a ‘Project’ and is Exempt from CEQA Review. RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution that seeks to amend the City’s Baylands Priority Conservation Areas (PCA) to conform to recent Association of Bay Area Governments (MTC/ABAG) planning framework changes and authorize staff to submit the amendment to ABAG. BACKGROUND PCAs were conceived by MTC/ABAG as part of a planning framework established in 2007 as a way of recognizing areas with significant natural amenities and/or regional recreational potential. PCAs were nominated through a voluntary, locally driven process. PCAs are regionally significant open spaces identified for long-term protection. There are approximately 180 PCAs in the region currently. The MTC administers grants, which includes funds for investment in PCAs. Palo Alto has two PCAs (Foothills and Baylands) which were nominated on January 13, 2020 through City Council adoption of Resolution No. 9877; and subsequently accepted by ABAG/MTC as proposed. The Foothills PCA and Baylands PCA encompass publicly owned and City designated open space lands located within Palo Alto’s jurisdictional boundaries. The current Baylands PCA stretches east of Highway 101 and East Bayshore Road between the southern City boundary and San Francisquito Creek, while the Foothills PCA is located west of Highway 280. The PCA refresh process was launched by MTC/ABAG in early 2022 and one of the objectives of the process was to develop accurate PCA boundaries to enable their greater use in regional analysis and planning. The change in PCA planning framework is also intended to address inconsistencies in the composition of current PCAs. The amendment process began in June 2024 and will conclude when the ABAG Executive Board re-designates amended PCA’s, tentatively scheduled for November 2024. PCAs are voluntary designations, and as such, do not take precedence over local control. Under Government Code 65080 (b)(2)(K), a sustainable communities’ strategy (Plan Bay Area) does not supersede a city’s land use authority. ANALYSIS The 2024 PCA framework update is the first since 2007. MTC/ABAG is requiring updates to existing PCAs to conform to the new framework criteria, to ensure consistent mapped boundaries and regional consistency and cohesion. Attachment C is a ABAG brief on the amendment requirements. ABAG staff identified amendments that would be required for Palo Alto’s Baylands PCA to meet new framework criteria. No amendments were identified as required for Palo Alto’s Foothill PCA. As a result, the new framework has no impact on the boundary or composition of Palo Alto’s existing Foothill PCA. Baylands PCA The Bayland PCA must be amended to meet the following requirements: •PCAs may not encompass open waters of the San Francisco Bay. As a result, the area of the Baylands PCA that included the City limits over the Bay may not be maintained. •For PCAs within City limits, those with a natural land designation are only permitted along the shoreline or wetland areas. •The Baylands PCA areas not designated as “natural land” can instead be designated as for recreation. •The Baylands PCA included an area that is not designated for recreation or natural land (the Homekey site). Staff worked with ABAG staff to provide an amendment for City Council consideration that allows the existing PCA boundaries to be maintained to the extent feasible under the new framework criteria and maximizes the allowable PCA designations to open all available funding opportunities. This results in the existing Baylands PCA having two components: 1) a Natural Land, Recreation, and Climate Adaptation PCA; and 2) a Recreation and Climate Adaptation PCA. The first component includes the shoreline and western area of the existing PCA that is a low lying tidal and wetland habitat (east side of Renzel trail). The second component includes the remaining eligible areas of the existing PCA. No other changes are proposed to the Baylands PCA other than those required by the new ABAG PCA framework criteria. FISCAL/RESOURCE IMPACT There are no anticipated fiscal or budgetary impacts resulting from the PCA amendment request to conform to new program criteria. Continued designation allows the City to apply for funding opportunities in the future. Preparation of grant applications would require staff resources. ENVIRONMENTAL REVIEW Requesting an amendment to an existing PCA and the accompanying resolution is not a ‘Project’ as defined by CEQA and is exempted from CEQA Review. ATTACHMENTS •Attachment A: Resolution Amending the Palo Alto Baylands Priority Conservation Area •Attachment B: Baylands PCA Existing and Amended Boundary •Attachment C: PCA Amendment Briefer and PCA Characteristic Types APPROVED BY: Jonathan Lait, Planning and Development Services Director NOT YET APPROVED 0160155_kb_20240918_ay16 1 Resolution No. Resolution of the City Council of the City of Palo Alto Amending the Palo Alto Baylands Priority Conservation Area to Conform to New Regional Planning Framework Criteria R E C I T A L S A. The Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) are preparing limited and focused updated to Plan Bay Area 2050 (the Plan), a long-range plan charting the course for the future of the nine-county San Francisco Bay Area; and B. The Plan serves as the Bay Area’s Regional Transportation Plan and Sustainable Communities Strategy, outlining strategies for growth and investment through the year 2050; and C. Priority Conservation Areas (PCAs) are regionally significant areas to be protected and improved and include natural habitats, farms and ranchlands, recreation areas, urban green spaces and locations that can help fight the effects of climate change; and D. PCAs include nature preserves, public open spaces, farms, ranches, trails and include areas that would benefit from new or enhanced urban parks, urban greening, or nature- based climate adaptation solution; and E. The Plan framework includes locally nominated PCAs as locations to coordinate local and regional planning for the conservation of regionally significant areas which are adopted by the ABAG; and F. The designation of areas as PCAs opens grant funding opportunities for future conservation, restoration, and recreational projects dedicated to the preservation of both the city and the region; and G. The designation of an area as a PCA does not change the zoning, comprehensive plan, or other land use designation of the geographic area encompassed by the PCA, with local jurisdictions retaining full land use control; and H. On January 13, 2020 the City Council adopted a resolution nominating the Palo Alto Foothills and Baylands PCAs which were subsequently adopted by ABAG; I. In 2024 ABAG updated the PCA planning framework which includes new PCA criteria and in some cases requires amendments to existing PCAs which are scheduled for ABAG approval in November 2024; and J. Palo Alto’s Baylands PCA requires an amendment to conform to the updated planning framework criteria established by ABAG. NOT YET APPROVED 0160155_kb_20240918_ay16 2 NOW THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council hereby amends the Palo Alto Baylands Priority Conservation Area, as shown in Exhibit A, to conform to recent ABAG initiated changes to the PCA planning framework and authorizes staff to submit the required PCA amendment form to ABAG. INTRODUCED and PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services Exhibit A Why existing PCAs are being amended? In May 2024, the ABAG Executive Board approved reforms to the Priority Conservation Area (PCA) planning framework which had not been substantially updated since the framework was created in 2007. A two-year PCA Refresh effort culminated in a Final Report which included reforms that add new structure to the PCAs. The added structure will ensure intentional boundaries for some PCAs that had vague coverage and will require all PCAs to meet new minimum mapping data criteria to ensure a regionally consistent framework backed by data. The goal of these reforms is to ensure a regionally cohesive set of PCA geographies that can be used across a greater array of regional planning and advocacy efforts. What is a PCA? PCAs are defined by two elements: (1) a mapped polygon geography, and (2) a designation as one or more of the five PCA types: • Natural Lands • Agricultural & Working Lands • Urban Greening • Recreation • Climate Adaptation PCAs are nominated by a local government entity; however, in the first round of PCA nominations in 2008, a handful of NGOs nominated PCAs. As part of this amendment process, the local government with land use authority over those areas will be invited to become the lead for those NGO-nominated PCAs and manage any necessary amendments. Timeline and Process to amend PCAs. The amendment process will occur over summer 2024. Jurisdictions can choose to complete the amendments themselves, or request MTC/ABAG staff to take the lead on mapping, providing MTC/ABAG staff with direction for the general approach they’d like to take. Both tracks will include a step for MTC/ABAG staff to verify the amended PCAs meet the eligibility criteria and for local governments to formalize the proposed amendment with the signature of a planning director, parks director, city administrator, or city manager. The ABAG Executive Board will take the final step to designate the package of proposed PCA amendments later this year. Figure 1: Timeline and Process to Amend Existing PCAs. Following this phase of work to amend the existing PCAs, ABAG will open a call for new PCA nominations that will be open to all Bay Area jurisdictions. Outlining the general approaches to amend PCAs. Most of the 185 existing PCAs will need to be amended to meet the criteria of the updated framework. Amendments to PCAs will change the drawn extent of a PCA polygon geography and/or alter which PCA types are associated with the PCA. PCAs will be amended using one of the four approaches below: 1. adjust the PCA geography area, 2. reclassify the PCA types, sometimes removing or swapping PCA types, 3. split the PCA into two, or 4. combination of the above. Evaluating flags for existing PCAs. To support the amendment process, MTC/ABAG staff have evaluated each PCA across three criteria outlined in the PCA Refresh to inform the amendment needs of each PCA. The three evaluation criteria are described below. The attached spreadsheet outlines which PCAs meet or do not meet each evaluation criteria. When a criteria is not met, MTC/ABAG staff have included additional information. 1. Intersection with jurisdiction boundaries. The PCA Refresh defined Natural Land and Working Land PCA types as areas outside city limits or urban growth boundaries and defined Urban Greening as a PCA type specific to areas within city limits or urban growth boundaries. Recreation and Climate Adaptation can span either space. The first evaluation step was to determine if this condition was met for each PCA. For Natural Land and Working Land PCAs, is the geography fully outside urban growth boundaries and/or city limits? For Urban Greening PCAs, is the geography fully inside urban growth boundaries or city limits? 2. Intersection of PCAs and Eligibility Maps. In addition to whether a PCA falls inside or outside jurisdiction boundaries, eligibility maps further identify where regional data supports the PCA type designation. To preserve a greater share of existing PCAs, and to enable more flexibility to reflect some datasets have coarse boundaries (in particular urban greening), a 75% threshold was set to meet this requirement. 75% of the PCA must overlap with the eligibility map. An online mapping viewer includes existing PCA boundaries and eligibility maps. 3. Intersection between PCAs. Many PCAs overlap with other PCAs which makes using the geographies challenging for certain analysis, research, and planning. As part of the amendment phase, PCAs with overlapping segments should be adjusted to limit coverage to a single PCA. In addition to providing an evaluation of each PCA, MTC/ABAG staff have completed a visual scan of the PCA and have drafted an amendment option as a way to meet the new PCA framework criteria. This option is shared as a starting point to consider your amendment approach. Local jurisdictions are responsible for determining the approach they would like to take which may be different than the approach identified in the spreadsheet. Office hours with MTC/ABAG staff are available to discuss your questions. MTC/ABAG staff are available to assist local jurisdictions with amendments over summer 2024. If you have questions about the amendment process you can email Michael Germeraad or schedule a 30 minute meeting to discuss your amendment approach. Form to document the PCA amendment(s). The amendment will be formalized using the attached form which will require a director or higher signature from the lead local agency/jurisdiction. Two versions of the form are available, one which can be filled out for a single PCA at a time. The other enables multiple amendments with a single signature. 11 Where does this PCA Type Exist Natural Lands Agricultural and Working Lands Urban Greening Recreation Climate Adaptation In Locations Supported by Data?Yes.Yes.Yes.Yes.Yes. Inside City Limits or Urban Growth Boundaries?No.No.Yes.Yes.Yes. Outside City Limits or Urban Growth Boundaries?Yes. One caveat is that eligible Natural Lands are inclusive of tidal areas (e.g. tidal wetlands, polder management, and non-urbanized upland migration areas.) Yes.No.No.No. What Activity is Supported by this PCA type?Natural Lands Agricultural and Working Lands Urban Greening Recreation Climate Adaptation Protection and Preservation Activities.Yes.Yes.No.No.No. Enhancement Activities.Yes.Yes.Yes.Yes.Yes. What Approach is used to integrate equity into PCAs?Natural Lands Agricultural and Working Lands Urban Greening Recreation Climate Adaptation Place-Based Approaches.No.No.Yes.Yes.No. Programmatic Approaches.Yes.Yes.No.No.Yes. WHERE DOES THIS PCA TYPE EXIST? IN LOCATIONS SUPPORTED BY DATA INSIDE CITY LIMITS OR UGB2 OUTSIDE CITY LIMITS OR UGB2 WHAT ACTIVITY IS SUPPORTED BY THIS PCA TYPE? PROTECTION AND PRESERVATION ENHANCEMENT WHAT APPROACH IS USED TO INTEGRATEEQUITY INTO PCAS? PLACE-BASED APPROACHES PROGRAMMATIC APPROACHES NATURAL LANDS AGRICULTURAL / WORKING LANDS URBAN GREENING CLIMATE ADAPTATION1 RECREATION 3 1 The new Climate Adaptation PCA type is an overlay — a PCA type that can be added to any other PCA type. The intent is for there not to be any stand-alone Climate Adaptation PCAs, but rather, Climate Adaptation PCAs that are at least one other PCA type. 2 Where Urban Growth Boundaries exist, they are used; elsewhere, City limits are used. In some rare cases, Urban Service Limits are used. 3 Eligible Natural Lands are inclusive of tidal areas (e.g. tidal wetlands, polder management, and non-urbanized upland migration areas.) within UGBs and City Limits when the lands are non-urbanized. FIGURE 4 - PCA TYPE CHARACTERISTICS Criteria for the five PCA types that set where the PCA type exists, what activity is supported by the PCA type, and what approach is used to integrate equity.