HomeMy WebLinkAboutCC Resolution 10476 (General Plan 2000)RESOLUTION NO. 10476
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, Timine 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, Proiects 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/I-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 AoWicability
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. peak hour critical move
(which, for the impacted area of East San Rafael equates to 10 p.m. peak hour
vehicle trips, areawide) 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. peak hour vehicle trips, areawide) 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
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equates to 10 p.m. peak hour vehicle trips, areawide) over historical vehicle trips
at affected critical intersection(s);
(d) 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. peak hour vehicle trips, areawide) 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
(i) 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, areawide) 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 2.0 Aanlication 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 Priority 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 Project
Determination.
Following publication of the Notice of Invitation, all Applications for Priority Project
Determination shall be submitted. Within 40 days of notice publication, or by September 13,
1999, 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 have 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 October 13,
1999, 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 Planning Commission Review and Recommendations
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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 and building permit
approvals must be secured, a building 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 permit. If a) a building
permit is not issued, b) construction has not begun, c) a time extension not granted, or d) if
required building 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 Aimlications for Priority Project Determination annually as
provided for in Section 4.0 of this resolution.
Section 6.0 Anneals
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.
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 2nd day of AUGUST , 1999 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA�h;M. IEONC , Cit Clerk
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Attachment: EXHIBIT `A'
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