HomeMy WebLinkAboutCC Resolution 10704 (General Plan 2000 Priorities)RESOLUTION NO. 10704
RESOLUTION AMENDING RESOLUTIONS NO. 7853, 8071, 8313, 9331, 9418 AND
10162 ESTABLISHING PRIORITY PROJECTS PROCEDURE FOR IMPLEMENTING
THE SAN RAFAEL GENERAL PLAN 2000 CIRCULATION ELEMENT
POLICIES AND PROGRAMS
WHEREAS, the San Rafael General Plan 2000 Circulation Element contains Policy C-3
entitled, Timing of Development of Transportation Improvements, which reads in pertinent part
as follows: "for health, safety and general welfare reasons, new development is to be constructed
only after needed circulation project funding has been guaranteed, circulation project
environmental review has been completed, and findings have been made that the time frame for
completion of the needed circulation improvement will not cause Level of Service D to be
exceeded."; and
WHEREAS, said General Plan contains Policy C-7 entitled, Projects in a Circulation
Impacted Area which reads in pertinent parts as follows: "where there is limited circulation
capacity for which projects are competing, projects which shall receive priority City-wide include
projects providing significant amounts of affordable housing, high tax generating uses, or needed
neighborhood serving uses"; and that "a procedure shall be established for processing such
applications in a timely fashion". Bellam Boulevard/1-580/Hwy 101 (East San Rafael), the
Freitas Parkway/Hwy. 101 and Lucas Valley Road/Smith Ranch Road/Hwy. 101 (North San
Rafael) are the three circulation impacted areas in San Rafael; and
WHEREAS, said General Plan contains Program C -b entitled, Proiect Approval
Procedure in Traffic Impacted Areas which mandates the adoption of a procedure to implement
Policy C-7. This program reads in pertinent part as follows: "Develop a procedure for approving
projects consistent with City priorities where roadway capacity is limited, several projects are
competing for capacity, and needed improvements will take a significant time to construct"; and
further
WHEREAS, the certified General Plan EIR identifies Policy C-7 and Program C -b as
mitigation measures needed to minimize future adverse traffic impacts resulting from additional
development within the City's planning area.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council does
hereby adopt the following procedure, to be known as the Priority Projects Procedure, to
implement General Plan Policies C-3 and C-7 and Program C -b and so as to assure that any
future adverse traffic impacts resulting from new development are avoided or minimized by
relating the timing of construction of new development to the timing of construction of necessary
circulation improvements associated with said new development and to the maintenance of
traffic level of service consistent with General Plan Policies C-1 (Level of Service) and C-2
(Level of Service D Midpoint).
Section 1.0 Armlicability
This resolution applies to all development projects proposed for property located in the
circulation -impacted areas of Bellam Blvd/I-580/Hwy 101 (East San Rafael), Freitas
Parkway/Hwy. 101 and Lucas Valley Road/Smith Ranch Road/Hwy. 101 (North San Rafael), as
defined by General Plan Policy C-7 and mapped on Exhibit A attached hereto, which require
planning permits, including and without limitation, rezoning, subdivisions, use permits and
environmental and design review permits, unless said projects are otherwise exempt from the
Priority Projects Procedure pursuant to Section 1. 1, hereinafter.
Prior to, contemporaneously with, or after securing necessary planning permits, and applications,
an applicant or authorized representative of a development project in the circulation -impacted
areas that are subject to the Priority Projects Procedure, shall file or have filed an Application for
Priority Project Determination as specified in Sections 2.0 and 3.0, hereinafter.
An application for Priority Project Determination shall not be considered a planning application
requesting City action on the merits of a proposed development project. An Application for
Priority Project Determination is separate and distinct from a planning permit application and
pertains only to City Council determination as to whether a proposed project is consistent with
General Plan Policies C-3 and C-7.
Obtaining a Priority Project Determination does not entitle an applicant to City action approving
the merits of a proposed development project.
Section 1.1 Exemptions
The following projects are exempt from the Priority Projects Procedure.
(a) New uses which generate no more than one (1) p.m. peal, hour critical move
(which, for the impacted area of East San Rafael equates to 10 p.m. peak hour
vehicle trips, except along the Bellam Boulevard corridor [see Section 1.2,
below]) over the historical vehicle trips at affected critical intersections associated
with prior or existing use of the property;
(b) Repairs, modifications, alterations and/or replacements of existing structures or
uses when such repairs, modifications, alterations and/or replacements generate no
more than one (1) p.m. peak hour critical move (which, for the impacted area of
East San Rafael equates to 10 p.m. peals hour vehicle trips, except along the
Bellam Boulevard corridor [see Section 1.2, below]) over the historical vehicle
trips at affected critical intersection(s) associated with the existing use of the
structures or property;
(c) Construction, maintenance and repair of public or private roads, sanitary sewer,
water, drainage, parking or other utility facilities which generate no more than one
(1) p.m. peak hour critical move (which, for the impacted area of East San Rafael
equates to 10 p.m. peak hour vehicle trips, except along the Bellam Boulevard
corridor [see Section 1.2, below]) over historical vehicle trips at affected critical
intersection(s);
P Construction of residential dwelling units on appropriately zoned separate legal
building sites of record in existence on July 18, 1988, the date of adoption of the
San Rafael General Plan 2000, which would generate no more than one (1) p.m.
peak hour critical move (which, for the impacted area of East San Rafael equates
to 10 p.m. pealr, hour vehicle trips, except along the Bellam Boulevard corridor
[see Section 1.2, below]) over historical vehicle trips at affected critical
intersection(s) associated with the property;
(e) Second dwelling units that are in compliance with the San Rafael Zoning
Ordinance and for which all appropriate planning permits have been obtained;
(f) Child care facilities;
(g) Construction deemed necessary by the City Council to preserve the public health
and safety or to abate a public nuisance;
(h) Construction of projects containing exclusively low income affordable residential
units; and
Minor changes to already approved or otherwise exempt projects when the
changes would generate no increase in p.m. peak hour traffic.
Following adoption of this resolution:
(1) The exemptions specified hereinabove in paragraphs (a), (b) and (d) shall be
permitted only one (1) time for a single property.
(2) No more than one (1) additional p.m. peak hour critical move (which, for the
impacted area of East San Rafael equates to 10 additional p.m. peak hour vehicle
trips, except along the Bellam Boulevard corridor [see Section 1.2, below]) shall
be permitted for any single property by virtue of the granting of an exemption
hereunder.
The Director of Community Development shall be authorized to determine whether projects are
exempt under this section. All exemptions granted shall be in writing and shall specify the
grounds therefor. The Planning Commission and City Council shall be informed of the
exemptions that have been granted by the Director of Community Development.
Section 1.2 Development Proiects Proposed Alone the Bellam Boulevard Corridor.
The Bellam Boulevard corridor consists of properties fronting on Bellam Boulevard and
receiving access from Bellam Boulevard and/or a cross street, between Andersen Drive and
Kerner Boulevard. All new development projects resulting in a new driveway or intensification
of an existing driveway along this corridor shall be independently analyzed (on a case-by-case
basis) to determine if a Priority Project Determination is required. The independent traffic
analysis shall be required regardless if the development project generates less than or more than
10 p.m. peal-, hour trips.
Section 2.0 Application Requirements
An Application for Priority Project Determination or an application for a Priority Project
Determination time extension shall include the following information:
(a) Property owner written authorization to apply;
(b) A written description of the project, which includes a statement on how the
project qualifies as a "high priority" project, as defined by General Plan Policy C-
7;
(c) An Environmental Information Form;
(d) Development plans and information as generally listed in Section 14.07.060 of the
San Rafael Zoning Ordinance, or as determined to be necessary by the Director of
Community Development, to evaluate projects in accordance with this resolution;
(e) A p.m. peak hour traffic analysis prepared by a licensed engineer specializing in
traffic, in accordance with the specifications established by the City Traffic
Engineer; and
(f) A detailed explanation of the proposed construction timing and phasing of the
project and information regarding how construction and execution of the project
will be financed.
All applications for priority project determination must be consistent with the San Rafael General
Plan 2000.
Section 3.0 Prioritv Proiect Determination Procedure
Within five business days following adoption of this resolution, the City Clerk shall cause to be
published in a newspaper of general circulation within the City and, shall mail to all those
requesting notification a Notice of Invitation to Submit Applications for Prioritv Proiect
Determination.
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Following publication of the Notice of Invitation, all Applications for Priority Project
Determination shall be submitted. Within 40 days of notice publication, or by November 1,
2000, Applications for Priority Project Determination shall be submitted. The Notice of
Invitation shall specify the day, time and place for submittal of applications. No late application
shall be accepted. Only one Application for Priority Project Determination may be submitted per
separate legal building sites.
At the close of the application period as set forth in the Notice of Invitation, if there is a single
application for the Priority Projects Procedure designation in any circulation -impacted area and
(1) that application qualifies as a "high priority" project as defined by General Plan Policy C-7,
and (2) the merits of the proposed project in that application has previously been approved by the
City, then the Priority Projects Procedure designation for this single application shall be deemed
granted without further proceedings required by the City.
Within approximately 30 days following the application submittal deadline, or by December 1,
2000, planning staff shall evaluate all applications timely submitted, prepare staff reports and
recommendations, and notice Planning Commission public hearing(s) concerning the same.
Section 3.1 PlanninLy Commission Review and Recommendations
The Planning Commission shall hear and consider all Applications for Priority Project
Determination at public hearing(s) conducted for said purpose. Within 30 days following the
first public hearing required herein, the Planning Commission shall forward to the City Council
the Commission's recommendations for priority project determinations and allocations of all or a
portion of available traffic capacity in the circulation impacted area based upon the
Commission's priority project determination.
Section 3.2 Citv Council Review and Action
The City Council shall conduct public hearing(s) to review and consider the Planning
Commission's report and recommendations within 30 days following the Planning
Commission's action as specified in Section 3.1 hereinabove. The Council shall make final
decisions regarding priority project determinations and shall allocate all or a portion of available
traffic capacity in the circulation -impacted area based upon said priority project determinations.
The City Council's determination of project priority and traffic allocations shall be by resolution,
which shall include appropriate findings.
Section 4.0 Evaluation Criteria
All Applications for Priority Project Determination shall be evaluated a) against one another and
b) against San Rafael General Plan 2000 goals and policies to determine whether an individual
project contributes positively to or alternately has a negative impact on the goals and policies of
the General Plan. Projects shall be rated Excellent, Good, Fair or Poor according to the
following:
Excellent - A rating of Excellent means the project will make an outstanding contribution
advancing the goals and policies of the San Rafael General Plan 2000 and has no
significant conflicts with those goals and policies.
Good - A rating of Good means the project furthers many goals and policies of the San
Rafael General Plan 2000 and does not significantly conflict with goals and policies of
the San Rafael General Plan 2000.
Fair - A rating of Fair means the project does not particularly advance goals and policies
of the San Rafael General Plan 2000, and that conflicts with goals and policies of the San
Rafael General Plan are too significant or could be eliminated or significantly minimized
through appropriate mitigation.
Poor - A rating of Poor means the project conflicts with important goals and policies of
the San Rafael General Plan 2000 and the conflicts cannot be eliminated or significantly
minimized through changes in the project.
Section 5.0 Time Limits
A priority project determination shall be valid for a period of one calendar year following the day
of City Council approval. Within said one year period, all required planning approvals and
building permit and/or foundation permit approvals must be secured, a building permit and/or
foundation permit issued and construction begun, or a priority project determination time
extension granted. Construction of the project shall thereafter be diligently pursued toward
completion in reliance upon said approvals and building/foundation permit. If a) a
building/foundation permit is not issued, b) construction has not begun, c) a time extension not
granted, or d) if required building/foundation permit(s) expire, a priority project determination
shall terminate and become null and void.
In the event a project, when granted priority determination hereunder, has not had planning
permit applications filed, all required planning permit applications needed to construct all phases
of the project must be filed with the Planning Division within 60 days following securing said
priority project determination and thereafter kept valid or said priority project determination shall
terminate and become null and void.
Upon approval of said planning permit applications, findings shall be made that the project is in
substantial compliance with the approved priority project application, and that any changes to the
project will not diminish its high priority status.
Any requests for time extensions of priority project determinations shall be filed at the same time
as Applications for Priority Project Determination are to be submitted. All requests for time
extensions for priority project determinations shall be reviewed by the Planning Commission at
the same time it reviews all new Applications for Priority Project Determination. The Planning
Commission shall forward its recommendations to the City Council as to which priority project
determinations should be granted time extensions and which new applications for priority project
determinations should be approved. The City Council shall then decide upon the requests for
time extensions of priority project determinations at the time of its next Priority Projects
Selection Procedure.
A Priority Projects Selection Procedure shall be conducted annually or at more frequent intervals,
as the City Council may from time to time establish. The City Clerk shall publish and mail a
Notice of Invitation to Submit Applications for Prioritv Proiect Determination annually as
provided for in Section 4.0 of this resolution.
Section 6.0 Appeals
If any person is not satisfied with the action of the Director of Community Development
concerning the administration of this procedure, he/she may, within five business days following
the decision of the Director of Community Development, appeal in writing to the City Council.
The appeal shall set forth the basis upon which the appeal is made, setting forth all relevant
factors, shall be addressed to the City Council and shall be filed in the office of the City Clerk
within said five business days. The fee for such appeal shall be the same as an appeal to the City
Council from a Planning Commission decision ($200.00).
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on Monday, the 18th. day of SEPTEMBER , 2000 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Ph.i l l i ps and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miller
JEA . LEONCINI; City Clerk
Attachment: EXHIBIT `A'
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