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.