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HomeMy WebLinkAboutCC Resolution 13364 (Traffic Mitigation Fees)RESOLUTION NO. 13364 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AMENDING RESOLUTION 11668 (REQUIRING THE IMPOSING OF TRAFFIC MITIGATION FEES ON DEVELOPMENT PROJECTS CITYWIDE) EXEMPTING THE CREATION OF NEW OR LEGALIZATION OF EXISTING SECOND DWELLING UNITS FROM THE CITYWIDE TRAFFIC MITIGATION FEE REQUIREMENT (P12-002) The City Council of the City of San Rafael finds and determines that: WHEREAS, San Rafael Municipal Code (SRMC) Section 3.32 provides enabling legislation for the City Council to create and establish the authority to impose and charge Public Facility Fees; and WHEREAS, pursuant to SRMC Section 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 these traffic mitigation fees was done in conjunction with the adoption of and as implementation to the San Rafael General Plan 2000; and WHEREAS, in 2002, the City initiated an update of the San Rafael General Plan 2000, which included revisions to the Land Use and Circulation Elements. On November 15, 2004, the City Council adopted the San Rafael General Plan 2020. The General Plan 2020 includes policies and programs intended to address and mitigate traffic and transportation impacts associated with new land development within the City. Specifically, General Plan 2020 Circulation Element Policy C-5 (Traffic Level of Service Standards) sets forth intersection and arterial segment level of service standards that are to be maintained as new development is proposed, approved and built. Further, the Circulation Element includes: a) Policy C-6 (Proposed Improvements) which sets forth a list of planned transportation improvements that are deemed necessary to accommodate planned growth under the General Plan 2020, along with the estimated cost of needed improvements and timing; and b) Policy C-7 (Circulation Improvements Funding) which outlines the funding sources for the needed circulation improvements, which include, among others, traffic mitigation fees. Lastly, Circulation Element Program C -7a (Traffic Mitigation Fees) directs that the City continue to implement and periodically update the traffic mitigation fee program; and WHEREAS, in conjunction and concurrent with the adoption of the San Rafael General Plan 2020, on November 15, 2004, the City Council adopted Resolution No. 11668, which updates the City's traffic mitigation fee program to: a) address and apply fees to both AM and PM peak hour traffic conditions; and b) apply the fees citywide. This action updated the fee amount to $4,246.00 per peak hour trip (a collective amount of both AM and PM peak hour trips generated by new development). Resolution No. 11668 requires the application of traffic mitigation fees to all new development except for cultural and theater facilities (excluding night clubs in Downtown. childcare facilities and affordable housing projects, and WHEREAS, in 2009 the City prepared and published the Second Dwelling Unit Progress Report - 2009. The San Rafael General Plan 2020 Housing Element encourages second dwelling units as they provide a good source of affordable housing for the community. The purpose of the progress report, among others, was to assess second dwelling unit production since the 2004 adoption of the San Rafael General Plan 2020 as the General Plan estimated that 34 second dwelling units per year would be built or legalized during this time frame. The report disclosed that between 2004 and 2009, a total of 32 second dwelling units were built or legalized citywide, far below the per year estimate cited in the General Plan. Further, the report disclosed that one of the biggest obstacles to building a new or legalizing an existing second dwelling unit is the requirement to pay traffic mitigation fees; and WHEREAS, as a result of the findings of the Second Dwelling Unit Progress Report - 2009, in August 2011, the City Council adopted an amendment to the San Rafael General Plan 2020, which incorporated a new Housing Element Program H -25e (City Fees to Reduced Second Dwelling Unit Costs), which directs that the Citywide Traffic Mitigation Fee to waive the amount that is currently charged for second dwelling units; and WHEREAS, the Department of Public Works, Transportation Division has reviewed and supports the proposal to waive the Citywide Traffic Mitigation Fee for second dwelling units. The Public Works Director finds that: a) the amount of traffic generated by a second dwelling unit during the AM and PM peak hour is minimal and is generally combined and/or absorbed with the peak hour traffic generation of the primary single-family residence; and b) the amount of second dwelling units that have been permitted citywide in combination with the number of such units planned and projected in the General Plan are not enough to result in a noticeable difference in traffic conditions. For these reasons, the fee is not warranted for second dwelling units; and WHEREAS, no other amendments are proposed to Resolution 11668 that would change the structure or purpose of the fee, or the fee amount. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby adopts an amendment to Resolution 11668 (Citywide Traffic Mitigation Fee) exempting the creation of new or the legalization of existing second dwelling units from the mitigation fee payment based on the following findings: The exemption of second dwelling units from the Citywide Traffic Mitigation Fee would be consistent with San Rafael General Plan 2020 Housing Element Policy H-25 (Second Units) and Programs H -25b (Second Unit Assistance) in that the action would: a) encourage new and the legalization of existing second dwelling units, which are a source of affordable housing in the community; and b) provide a financial incentive and assistance to property owners that are being encouraged to legalize existing second dwelling units. Further, this action would implement Housing Element Program H -25e (City Fees to Reduce Second Dwelling Unit Costs), which directs that this traffic mitigation fee be waived for second dwelling units. The exemption of second dwelling units from the Citywide Traffic Mitigation Fee would not be detrimental to the health, safety and welfare of the community in that the Department of Public Works, Transportation Division has concluded that the amount of traffic generated by second dwelling units is minimal and ancillary to the traffic generated by the primary single-family residences. As such, the charging of a traffic mitigation fee for a second dwelling unit is not warranted. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby adopt this resolution amending Resolution 11668 (Cit}wide Traffic Mitigation Fee) to 2 expand list of projects and uses exempt from this fee to include the creation of new or legalization of existing second dwelling units to read as follows: "The City Council has determined that: 1) cultural and theater facilities, excluding nightclubs in Downtown, 2) childcare facilities, 3) affordable housing projects, and 4) develooment of new or the legalization of existine_ second dwellinia units shall be exempt from traffic mitigation fees." I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly introduced and read at a regular meeting of the San Rafael City Council held on the 2nd day of July, 2012, by the following vote, to wit: AYES COUNCILMEMBERS: Connolly, Levine, McCullough & Mayor Phillips NOES COUNCILMEMBERS: None ABSENT COUNCILMEMBERS: Heller ESTHER C. BEIRNE, City Clerk Attachment 2 CITY OF SAN RAFAEL, CALIFORNIA DEPARTMENT OF PUBLIC WORKS INTERDEPARTMENTAL MEMORANDUM TO: PAUL JENSEN DATE: JUNE 21, 2012 COMMUNITY DEVELOPMENT DIRECTOR FROM: NADER MANSOURIAN FILE NO: 13.02.17 PUBLIC WORKS DIRECTOR SUBJECT: SECOND UNIT TRAFFIC MITIGATION FEE EXEMPTION This memo confirms our discussions about potential elimination of the traffic mitigation fee for second units. Since the General Plan 2020 update in 2004, we received a handful of planning referrals to comment on second units; and based on our previous years analysis, we charged V2 AM and 'l2 PM peak traffic mitigation fee. The projected number of second units analyzed in the General Plan build -out scenarios was much greater than ever occurred. Therefore, the actual impact of the second units has been insignificant. In addition, we received complaints from each of the applicants that the traffic mitigation fee is exorbitant compared to the tenant improvements and the units will be used by family members that are elderly and do not drive. Based on the historic records, we believe the traffic impact of the second units is negligible and it would be a good policy to include this use to the landuse exempt from the City's Traffic Mitigation fee.