HomeMy WebLinkAboutCC Resolution 9331 (Establishing Priority Projects)RESOLUTION NO. 9 331
RESOLUTION AMENDING RESOLUTIONS NO. 7853,8071 AND NO. 8313
ESTABLISHING PRIORITY PROJECTS PROCEDURE IMPLEMENTING SAN
RAFAEL GENERAL PLAN 2000
WHEREAS, the San Rafael General Plan 2000 contains Policy C-3 entitled
Timing of Develapment 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 Prc&cts 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"; and
WHEREAS, said General Plan contains Program C -b entitled Project
Approval Procedure in Traffic Impacted Areas which mandates adopting a
procedure to implement Policy C-7 and which 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 TI' 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 MicLnoint.
Section 1.0 A,yylicability
This resolution applies to all development projects proposed for property located in
circulation -impacted areas as defined by General Plan Policy C-7 and mapped on
Exhibit A attached hereto, which require planning permits including without
limitation rezonings, 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 project 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
ORIGINA1 Aw
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 over the historical critical moves 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 over historical critical moves at
affected critical intersections(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 over
historical critical moves at affected critical intersections(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 over
historical critical moves at affected critical intersection(s) associated
with the property;
(e) Second dwelling units in compliance with the San Rafael Zoning
Ordinance and for which all appropriate planning permits have been
obtained;
(f) Child care facilities;
(g) Residential subdivisions which are part of a previously authorized and
currently valid Planned Development or similar zone, are more than
75% constructed, and contain a minimum of 10% units affordable to
low or moderate income households or provide in lieu fees therefor;
(h) Projects designated as priority projects in Council Resolution
No. 8396 which have been granted all required discretionary approvals
and which approvals have not expired.
(i) Projects approved since 1991 serviced by the Freitas interchange.
(j) Construction deemed necessary by the City Council to preserve the
public health and safety or to abate a public nuisance;
(k) Construction of projects containing exclusively low income affordable
residential units; and
(1) Minor changes to already approved or otherwise exempt projects when
the changes would generate no increase in p.m. peak hour traffic
generation.
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Following adoption of this resolution:
(1) The exemptions specified hereinabove in paragraphs (a), (b), (d), (h)
and (i) shall be permitted only one (1) time for a single property.
(2) No more than one (1) additional p.m. peak hour critical move shall be
permitted for any single property by virtue of the granting of an
exemption hereunder.
The Planning Director 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. Copies of all exemptions granted hereunder shall be sent to the
Planning Commission and City Council.
Section 2.0 Application Requirements
An Application for Priority Project Determination or a Priority Project
Determination time extension shall include the following information:
(a) Property owner written authorization to apply;
(b) A General Plan Goals and Policies checklist detailing how the
project is or is not consistent with the San Rafael General Plan 2000.
(c) An Environmental Information Form.
(d) Development plans and information listed in Section 14.07.066 of the
San Rafael Zoning Ordinance as determined necessary by the Planning
Director to evaluate projects in accordance with this resolution.
(e) A p.m. peak hour traffic analysis as specified by the City Traffic
Engineer.
(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 shall be consistent with the San
Rafael General Plan 2000.
Section 3.0 Priority Project 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 Priority Project Determination.
Following publication of the Notice of Invitation, all Applications for Priority
Project Determination shall be submitted. By June 5, 1995 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.
Within 45 days following the application submittal deadline, planning staff shall
evaluate all applications timely submitted, prepare staff reports and
recommendations, and notice Planning Commission public hearings(s) concerning
the same.
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Section 3.1 Planning Commission Review and Recommendation
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 circulation impacted areas based upon the Commission's priority project
determination.
Section 3.2 City 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 circulation impacted areas
based upon said priority project determinations. The City Council's determination
of project priority and traffic allocations shall be by resolution with appropriate
findings.
Section 4.0 Evaluation Criteria
All Applications for Priority Project Determination shall be evaluated against one
another and 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 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 building permit is not
issued, or construction has not begun, or a time extension not granted, or 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 Department
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 such 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
Priority Project 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 Planning Director concerning the
administration of this procedure, he/she may, within five business days following
the decision of the Planning Director, appeal in writing to the City Council. The
appeals 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 17th. day of
APRIL , 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS : Cohen, Heller, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : Phillips
JEATQtE M. LEONC01, City Clerk
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