HomeMy WebLinkAboutCC Resolution 12560 (East SR Area Development)RESOLUTION NO. 12560
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL GRANTING 2008
PROJECT SELECTION PROCESS (PSP) DETERMINATIONS FOR
DEVELOPMENT IN THE EAST SAN RAFAEL AREA;
City File No's. PSP08-005 & PSP08-008
WHEREAS, the Circulation Element of the San Rafael General Plan 2020 analyses
current traffic levels and the existing limitations on the transportation infrastructure and identifies
limited traffic capacity as a major concern among San Rafael's citizenry and as a potential
impediment to the health, safety and welfare of the City; and
WHEREAS, on November 15, 2004, the San Rafael City Council adopted Resolution No.
11666 establishing the Project Selection Process (PSP), to implement San Rafael General Plan
2020 Policies LU -2 (Development Timing) and LU -3 (Project Selection Process) and Program
LU -3a (Project Selection Process) to mitigate traffic impacts resulting from new development.
PSP was established to: a) provide 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; b) maintain the traffic LOS (LOS) standards consistent with General Plan
Circulation Element Policy C-5 (Traffic Level of Service Standards); c) achieve desired projects
with significant public benefit; and d) prioritize and allocate limited traffic capacity among
development proposals citywide; and
WHEREAS, on October 15, 2007, the San Rafael City Council adopted Resolution No.
12364 revising the procedures for PSP and rescinding Resolution No 11666; and
Wl IEREAS, the circulation -impacted areas are Citywide and have been divided into four
geographic areas, North San Rafael, Central San Rafael, West Francisco Blvd and East San
Rafael and findings and recommendations for the other three areas of San Rafael have been made
through adoption of separate resolutions; and
WHEREAS, on February 19, 2008, the Community Development Director initiated PSP
2008 and published a Notice of Invitation to submit applications for Project Selection Process
determination. An April 4, 2008 application deadline date was established; and
WHEREAS, two PSP applications for development projects in the East San Rafael area
were submitted by the filing deadline; and
WHEREAS, the PSP Committee, comprised of staff members from various City
Departments, reviewed the PSP applications and ranked them in accordance with the review
criteria established by City Council Resolution No. 12364. The Committee's recommendations
for Project Selection Process determination have been forwarded to and considered by the
Planning Commission; and
WHEREAS, on July 15, 2008, the Planning Commission conducted a public meeting on
the PSP applications in the East San Rafael area and considered all reports, recommendations,
letters and testimony; and
WHEREAS, on a 3-1-3 vote (Commissioner's Mills dissenting and Commissioner's
Colin, Lang and Sonnet absent), the Planning Commission adopted Resolution 08-14
recommending to the City Council the approval of one of the two PSP applications in the East
Central San Rafael area; and
WHEREAS, on Monday, August 18, 2008, the City Council conducted a duly -noticed
public hearing on the two PSP applications for the East San Rafael area, accepting public
testimony, reviewing the written report of the Community Development Department and
considering the recommendation of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, the City Council has utilized the review
criteria prescribed in the implementing PSP Resolution (City Council Resolution No. 12364) for
evaluating development projects competing for PSP determination.
hereby:
BE IT FURTHER RESOLVED, that for the East San Rafael area, the City Council
a) Grants Project Selection Process determination for Tarp -et at Shoreline Center (_125
Shoreline Pkwv.) retail development based on the following findings; and
b) Denies Project Selection Process determination for Windward Wav Mini Storaee
(Vacant lot on Windward Wav) mini storage facility based on the following findings:
PSP08-005; TARGET AT SHORELINE CENTER
(125 SHORELINE PKWY.)
Traffic
A total of 117 A.M. and 414 P.M. peak hour trips would be generated by this project. The traffic
analysis prepared by the City Traffic Engineer concludes that the development would: a) result in
short-term and long term traffic impacts to the affected intersections; b) result in deterioration of
LOS at the intersection of Bellam/Kerner Blvd's during the A.M. and P.M. 'peak hours to exceed
the LOS D standard; c) result in a deterioration of arterial LOS for Bellam Blvd corridor,
however, would not exceed the arterial LOS standard. Therefore, an "Unacceptable" rating is
assigned since the project would result in unacceptable traffic operations.
Oualifier
The project would qualify for public benefit through two categories:
High Tax Generating— It is estimated that this project would generate approximately $675,000 in
additional sales tax paid directly to the City. This amount of sales tax would result in $1,271/ per
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new vehicle trip, thus an "Acceptable" rating. This amount of additional sales tax generated by
this project is found to be a significant contribution to the City's sales tax base.
Affordable Housing — Based on the size and use of this project, the project would be required to
pay $771,858.00 to the City's affordable housing fund. An "Acceptable" rating is assigned since
it meets the Zoning Ordinance requirement for affordable housing for non residential
developments.
Findings
This project was granted PSP determination in 2006 and the Council herebyrg ants PSP
authorization again this year. The project proposes to construct a new retail use that would
generate a significant amount of new sales tax ($675,000) directly to the City of San Rafael and
would bolster the City's tax base. In regards to traffic, analysis discloses that the project would
exceed the applicable LOS policies for the intersection of Kerner Blvd./Bellam Blvd. since: a)
the project would add 2.4 seconds of delay to this intersection during the A.M. peak hour, an
intersection that currently exceeds the allowable LOS D standards since it operates at LOS E; and
b) would degrade the LOS at this intersection during the P.M. peak hour from LOS D to LOS E,
in excess of the LOS standard. Furthermore, the Council finds that it is infeasible that the
necessary traffic improvements to address the traffic conditions in the area will be implemented
even within the next 10 to 15 years, therefore there are no reasonably foreseeable improvements
to address this existing circumstance.
Since the project does not comply with intersection LOS policy, it is required to undergo an EIR
and request an Exception to the LOS policy from the City Council. The project has submitted for
all required planning applications and a Draft EIR is currently being prepared and anticipated to
be released in the late summer 2008. It is likely that this planning application and environmental
review process could be completed within the two-year PSP time frame. The Council finds that
the benefits of the project as a high tax generating use, outweigh the traffic impacts from the
additional trips to the already impacted area, and therefore should be granted PSP determination.
Although there may be issues with the project that will be analyzed during the review of project
entitlements and CEQA, PSP is granted at this time to allow the project applications to continue
through the development review and environmental review process. Granting PSP authorization
is warranted due to the fact that the additional sales tax ($675,000) generated by this project
outweigh the traffic impacts from the new retail facility.
PSP08-008; WINWARD WAY MINI -STORAGE
(VACANT LOT ON WINDWARD WAY)
Traffic
A total of 7 A.M. and 13 P.M. peak hour trips would be generated by this project. The baseline
traffic conditions in the East San Rafael area already exceed the acceptable LOS standards.
Through the addition of 20 new trips, the project would exceed the LOS standards and would
result in unacceptable traffic operations. Therefore, an "Unacceptable" rating is assigned.
Furthermore, the project would require the City to grant an exception to the General Plan LOS
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standards as well as the preparation of an EIR with the finding of overriding considerations for
the project which exceeds an established threshold.
Qualifier
The project proposes to qualify for public benefit through three categories:
Affordable Housing — Based on the size and use of this project, the project would be required to
pay $10,736.00 to the City's affordable housing fund. An "Acceptable" rating is assigned since it
meets the Zoning Ordinance requirement for affordable housing for non residential
developments.
Needed Community Facility/Needed Community Use - The project does not contribute directly to
a needed neighborhood use or facility. The application states that the construction of a mini
storage would provide a needed use to the community given the demand for mini storage space.
The application also states that the development of this site would create direct employment of
third parties and reactivate the construction industry. Furthermore, the application contends that
the project will incur service and material purchases that will represent a 22% expense of all
rental income generated in a year which will also reactivate the economy. These do not meet the
public benefit criteria contained in the PSP resolution and do not contribute to a needed
community use or facility, therefore a "Not Applicable" Rating is assigned.
Findings
The Council hereby denies PSP determination. Although the project would comply with the
affordable housing requirements for non residential development, it does not provide any public
benefit aside from the required affordable housing in -lieu fee. The application contends that the
project would construct a needed community use through the construction of a mini storage
facility, however, the construction of mini storage in the Canal area is not identified as a needed
neighborhood use in the PSP rating criteria. Therefore a "Not Applicable" rating is assigned.
Secondly, the project would result in unacceptable traffic operations since the current conditions
already ' exceed the acceptable LOS standards. Thirdly, the status of the project receives a
"Minimal" rating, given that planning applications have not yet been submitted and given the
traffic conditions in the area, an EIR would need to be prepared and findings of overriding
considerations would have to be adopted by the City and this is unlikely to be completed within
the two year time frame. Granting PSP authorization is not warranted due to the lack of public
benefit as identified in the PSP resolution. Furthermore, lack of a significant public benefit does
not outweigh the unacceptable traffic operations in the area.
I, ESTHER C. BEIRNE, 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 City
Council of said City held on Monday, the 18th day of August, 2008 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
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