HomeMy WebLinkAboutCC Resolution 14983 (Traffic Mitigation Fee (TMF) Increase - 2040 General Plan)1
RESOLUTION NO. 14983
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL TO UPDATE THE CITYWIDE
TRAFFIC MITIGATION FEE AS RECOMMENDED BY THE 2040 GENERAL PLAN REPORT
TITLED “CITY OF SAN RAFAEL TRANSPORTATION FEE NEXUS REPORT”
WHEREAS, San Rafael Municipal Code (SRMC) Chapter 3.32 provides enabling
legislation for the City Council to create and establish the authority to impose and charge Public
Facilities Development Fees; and
WHEREAS, pursuant to SRMC Chapter 3.32, on December 19, 1988, the City Council
adopted Resolution No. 7882 establishing traffic mitigation fees required for new development for
three zones of benefit within the City. The adoption of the traffic mitigation fees was done in
conjunction with the adoption of and as implementation to the San Rafael General Plan 2000; and
WHEREAS, in 2004, in connection with the adoption of the updated San Rafael General
Plan 2020, the City Council adopted Resolution No. 11668 expanding the requirement for
payment of the traffic mitigation fees to development projects citywide and establishing the fee
amount of $4,246 per total new morning and afternoon peak hour trips generated by the new
development; and
WHEREAS, in 2012, the City Council adopted Resolution No. 13364 exempting second
units from the citywide traffic mitigation fee; and
WHEREAS, in 2021, in connection with the General Plan 2040 update, the City
commissioned the preparation of a nexus study for the citywide traffic mitigation fee to comply
with AB 1600. The study was completed by Fehr and Peers Consultants and was accepted by
the City; and
WHEREAS, the Fehr and Peers nexus study supports and recommends raising the
amount of the traffic mitigation fee from $4,246 per new morning and afternoon peak hour trips to
$6,909 per new morning and afternoon peak hour trips; and
WHEREAS, Staff reached out to the San Rafael Chamber of Commerce and the local
builders and received valuable feedback and requests to phase in the raising of the traffic
mitigation fee; and
WHEREAS, in consultation with Fehr and Peers about the appropriate period of time over
which to phase in the increased fee, staff has recommended implementation of the fee increase
over a five-year period to accommodate requests made by local builders; and
WHEREAS, the community comments requested that the City minimize the impact on
housing projects and delay the collection of the fees as much as possible; and
WHEREAS, numerous amendments to Resolution No. 11668 and Resolution No. 13364
are needed to comprehensively update the citywide traffic mitigation fee;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael that
the traffic mitigation fee requirements and policies established by Resolution No. 11668 and
amended by Resolution No. 13364 are hereby updated and restated in full as follows:
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1. Following adoption of this Resolution, the current traffic mitigation fee of $4,246 per
trip shall apply to any development application submitted to the City’s Community
Development Department prior to January 1, 2022.
2. Except as provided in Paragraph 1 above, as of January 1, 2022, the amount of the
traffic mitigation fee will be determined based on the rate in effect on the date of
building permit issuance.
3. As of January 1, 2022, the traffic mitigation fee shall be increased to $4,779 per trip
and shall be increased until January 1, 2027 as follows:
Effective date Traffic mitigation fee (per trip)
January 1, 2022 $4,779
January 1, 2023 Base Amount * +
gradual increase ($533) and adjusted
by the percentage change in the Lee
Saylor Construction Cost Index if
greater than zero percent for the
November to November twelve-month
period immediately preceding the date
of the fee increase
January 1, 2024 Base Amount +
gradual increase ($533) and adjusted
by the percentage change in the Lee
Saylor Construction Cost Index if
greater than zero percent for the
November to November twelve-month
period immediately preceding the date
of the fee increase
January 1, 2025 Base Amount +
gradual increase ($533) and adjusted
by the percentage change in the Lee
Saylor Construction Cost Index if
greater than zero percent for the
November to November twelve-month
period immediately preceding the date
of the fee increase
January 1, 2026 Base Amount +
gradual increase ($533) and adjusted
by the percentage change in the Lee
Saylor Construction Cost Index if
greater than zero percent for the
November to November twelve-month
period immediately preceding the date
of the fee increase
* “Base Amount” is defined for this Resolution as the prior year’s fee amount
4. After 2026, each January 1, starting on January 1, 2027, the traffic mitigation fee will
be equal to the Base Amount adjusted by the percentage change in the Lee Saylor
Construction Cost Index if greater than zero percent for the November to November
twelve-month period immediately preceding the date of the fee increase.
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5. The fee shall be paid at either the issuance of the building permit for development or
prior to occupancy of any portion of the development.
6. The fee will be based on the unadjusted (no pass by or multimodal adjustments) trip
generation calculations approved by the City Traffic Engineer.
7. The fee shall not be assessed on or collected from the following: Low income and very
low income (affordable) housing units, second dwelling units, also known as Auxiliary
Dwelling Units or “ADUs”, cultural and theater facilities, excluding night clubs in
Downtown, or childcare facilities.
8. The fee may be negotiated for projects subject to a Development Agreement. This
resolution does not affect the conditions of Development Agreements approved prior
to the effective date of this resolution.
9. The fee shall not be assessed on or collected for tenant improvements not adding
building area.
10. The fee shall be assessed on and collected for tenant improvements adding building
area only on the net increase of square footage converted to new trips for morning and
afternoon.
11. The fee shall be assessed on and collected for rezoned properties.
12. Where the manner of assessing the traffic mitigation fee on a particular project is not
clearly provided for in this Resolution or in adopted City policy, the City’s Traffic
Engineer shall determine the appropriate method of determining the fee to be
assessed. Such decision by the City Traffic Engineer may be appealed to the City’s
Community Development Director, whose decision shall be final.
13. Nothing in this Resolution shall be deemed to apply in a manner that would conflict
with applicable state law, including but not limited to the provisions of Senate Bill 330-
the Housing Crisis Act of 2019.
I, Lindsay Lara, 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 San Rafael City
Council meeting held on October 4, 2021 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None