HomeMy WebLinkAboutCC Resolution 8313 (General Plan 2000)RESOLUTION NO. 8 313
RESOLUTION AMENDING RESOLUTIONS NO. 7853
AND NO. 8071 ESTABLISHING PRIORITY PROJECTS
PROCEDURE IMPLEMENTING SAN RAFAEL GENERAL
PLAN 2000 (TO REMOVE THE FREITAS PARKWAY/101
INTERCHANGE FROM THE PPP PROGRAM)
WHEREAS, the San Rafael General Plan 2000 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 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'; and
WHEREAS, said General Plan contains Program C -b entitled Proiect
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 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 Definitions (see attachment)
Section 2.0 Applicability
This resolution applies to all development projects proposed for property
located in circulation impacted areas as defined by general Plan Policy C-7 and
- 1 -
6RIGI N An, L
,�,3
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 2.1
hereinafter.
Prior to, contemporaneously with or after securing necessary planning
permits, 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 3.0 and 4.0 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 2.1 Exemvtions
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
intersection(s) 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 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 over historical critical moves 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
-2-
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) Construction deemed necessary by the City Council to preserve
the public health and safety or to abate a public nuisance;
(i) Construction of projects containing exclusively low income
affordable residential units; and
(j) Minor changes to already approved or otherwise exempt projects
when the changes would generate no increase in p.m. peak hour
traffic generation.
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
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 2.2 Freitas Parkwav/101 Interchanee
The City Council hereby determines that the Specialty Retail Trip Reserve of
322 trips in the Northgate Traffic Allocations listed in Appendix B of the
General Plan 2000 shall not be allocated to any property serviced by the Freitas
Parkway interchange and located east of Highway 101 until the Merrydale
Overcrossing is completed. The purpose of this decision is to assure that LOS
mid -D shall not be exceeded at the Freitas interchange and to allow the
-3-
consideration of development proposals without the requirement to
implement the Priority Projects Procedure at this interchange.
The City Council further determines that there is no competition for limited
circulation capacity at the Freitas interchange within the meaning of General
Plan Policy C-7 and that the Priority Projects shall not be applied to the Freitas
interchange based on the following projections of critical moves that would
be generated by the development of vacant properties serviced by the
interchange:
Property, by Critical Moves
% of capacity
Assessor Parcel
Generated
to LOS mid -D
Available to Mid -D
86
100
155-050-03,04
22
25.6
155-121-05,10
3
3.5
155-110-05,06
30
34.9
179-270-11
2
2.3
180-121-43
3
3.5
155-092-05
5
5.8
155-101-03,04
16
18.6
155-200-03
1
1
155-02-09
2
2.3
TOTAL
84
97.6
Section 3.0 Annlication 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 Sections
14.51.030A.1.a, 2b and c; 14.51.040; 14.51.050 A, B, C, D, E, F, H, I
and J of the San Rafael Zoning Ordinance as determined
necessary by the Planning Director to evaluate projects in
accordance with this resolution.
En
(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 4.0 Prioritv Proiect Determination Procedure
On the first business day of November 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.
Following publication of the Notice of Invitation, on January 15, or the next
business day thereafter if January 15th falls on a weekend or holiday, all
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
site.
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 hearing(s)
concerning the same.
Section 4.1 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 4.2 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 4.1
hereinabove. The Council shall make final decisions regarding priority
project determinations and shall allocate all or a portion of available traffic
-5-
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 5.0 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 not
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 6.0 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
Avvlications for Prioritv Proiect Determination annually as provided for in
Section 4.0 of this resolution.
Section 7.0 Avveals
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.
-7-
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 December , 1990, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice Mayor Brei ner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mul ryan
M. LEONCfiTI, City Clerk
-s-
\1