HomeMy WebLinkAboutCC Resolution 12364 (General Plan 2020 Land Use Element)RESOLUTION NO. 12364
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REVISING PROCEDURES FOR THE PROJECT SELECTION PROCESS (PSP)
IMPLEMENTING SAN RAFAEL GENERAL PLAN 2020 LAND USE ELEMENT
POLICY LU -3 AND IMPLEMENTING PROGRAM LU -3a, AND
REPEALING RESOLUTION NO. 11666
The City Council of the City of San Rafael hereby resolves, finds and determines as follows:
WHEREAS, the Circulation Element of San Rafael General Plan 2020 analyzes current
traffic levels and the existing limitations on transportation infrastructure within the City, and has
identified 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, San Rafael General Plan 2020 contains Land Use Policy LU -3 entitled,
Proiect Selection Process which reads in pertinent part as follows: "Because there is limited
traffic capacity, and in order to achieve desired projects with significant public benefit, prioritize
and allocate that traffic capacity among development proposals citywide;" and
WHEREAS, said General Plan contains Land Use Program LU -3a entitled Project
Selection Process, which mandates the adoption of a procedure to implement Policy LU -3, which
said program reads in pertinent part as follows: [establish] "a citywide Project Selection Process
(PSP) to approve projects consistent with citywide and neighborhood -specific priorities. Include
criteria to guide the City's selection of high priority projects" based on priorities set forth in
General Plan 2020; and
WHEREAS, the certified General Plan EIR identifies General Plan Land Use Policy LU -
3 and General Plan Land Use Program LU -3a 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 repeal Resolution 11666 adopted November 15, 2004 establishing the Priority Projects
Procedure.
BE IT FURTHER RESOLVED that the City Council does hereby adopt the following
procedure, to be known as the Project Selection Process, to implement General Plan Policy LU -3
and Program LU -3a and so as to provide that any fixture 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-5 (Traffic Level of Service Standards), in the form below:
PROJECT SELECTION PROCESS
Section 1.0 Applicabilitv
This resolution applies to all development projects involving any new construction, renovation,
rehabilitation, and/or replacement that involves the addition of building square footage to
property located in the City of San Rafael and that requires a planning permit(s), including but
not limited to Rezoning, Tentative Subdivision Maps and Environmental and Design Review
Permits, unless said projects are otherwise exempt from the Project Selection Process pursuant to
Section 1.1, hereinafter.
Prior to, contemporaneously with, or after securing necessary planning permits, an applicant or
authorized representative of a development project shall file an application for Project Selection
Process Determination as specified in Sections 2.0 and 3.0, hereinafter.
For purposes of this resolution, an application for Project Selection Process Determination is
neither a planning application requesting City action on planning entitlements of a proposed
development project nor a "development project" under provisions of the Permit Streamlining
Act (Government Code §65950 et seq). An application for Project Selection Process
Determination shall be considered separate and distinct from a planning permit application and
shall pertain only to City Council determination as to whether a proposed project is consistent
with General Plan Policies LU -3 and as to which applications best tend to serve the City's
development vision and policies, in accord with the criteria set forth in this Resolution, as may
be from time to time amended.
A determination by the City Council regarding a Project Selection Process application is not and
shall not be considered an action approving the necessary planning entitlements for the proposed
development project, and such a determination by the City Council does not relieve the applicant
of the duty to pursue and obtain the necessary planning entitlements required in the Municipal
Code.
Section 1.1 Exemptions
The following projects are exempt from the Project Selection Process:
a. Projects that do not generate ten or more vehicle trips in the a.m. or in the p.m. peak
hours above the historical (as of the date of General Plan 2020 adoption) vehicle trips
associated with prior or existing use of the property, except that the exemption specified
herein shall be permitted only one (1) time for a single property.
b. Childcare facilities;
c. Construction of residential -only projects containing exclusively deed -restricted
affordable residential units;
d. Change to a PPP- or PSP -approved project which has not expired under the provisions of
section 5.0, when such change is (1) similar in intensity, type and use, (2) generates no
increase in peak hour traffic over the original PSP approval granted to the project, and (3)
provides public benefits equivalent to the originally approved project.
e. City and/or Redevelopment Agency -owned public facilities.
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The Director of Community Development, in consultation with the City Traffic Engineer, shall
determine whether projects are exempt under this section. All exemptions granted shall be in
writing and shall specify the grounds therefore, and the Director of Community Development
shall inform the Planning Commission and City Council of the same. Any appeal of the decision
of the Community Development Director to the City Council must be filed with the Community
Development Department prior to expiration of five (5) calendar days following the decision
regarding the grant or denial of an exemption. The City Council shall conduct a public hearing
on the appeal. The decision by the City Council shall be final on the date action is taken by the
City Council.
Section 2.0 Application Requirements
An application for Project Selection Process Determination shall include the following
information:
a. Property owner written authorization to apply;
b. General Application Form provided by the City and as from time to time amended;
c. A deposit as indicated on the then -current (time of application filing) Fee Schedule;
d. A written description of the project, which includes a statement on how the project
qualifies as a "high priority" project, as defined by the Project Selection Process criteria;
e. A completed Environmental Information Form;
f. Development information as required in the Project Selection Process Application
Submittal Form prepared by the Community Development Department;
g. An A.M. and P.M. peak hour traffic analysis prepared by a licensed traffic engineer, in
accordance with such specifications as are established by the City Traffic Engineer; and
Ii. A detailed explanation of the proposed construction timing and phasing of the proposed
project.
All applications for Project Selection Process Determination must be consistent with the San
Rafael General Plan 2020.
Section 3.0 Proiect Selection Process
A Project Selection Process shall be conducted annually or at more frequent intervals as the
Community Development Director may establish. The Community Development Director 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 the Proiect
Selection Process. The Notice and evaluation criteria shall include a list of Needed Community
Facilities and Uses, which shall be prepared by the Community Development Director based on
the City Council's goals.
Circulation Element Policy C-5 (Traffic Level of Service Standards) of the San Rafael General
Plan 2020 identifies the level of service standards for signalized intersections and arterials in the
A.M and P.M. peak hour periods. The City Council through the adoption of the General Plan
understood that there might be times when there would be no available traffic capacity in certain
areas of the City. Therefore, the City Council chose to include Circulation Program C -5c
(Exception Review) to allow them the opportunity to evaluate and consider projects despite the
lack of available traffic capacity. This program allows the Council to grant a deviation from the
level of service standards for projects which the City Council finds would provide significant
community benefit. Even if there exists no traffic capacity available in certain areas of the City,
the Project Selection Process may be conducted, and PSP approvals granted utilizing the
exception procedure set forth in General Plan Circulation Element Program C-5.
Applications for the Project Selection Process must be submitted within 45 days following
publication of the Notice of Invitation. The Notice of Invitation shall specify the day, time and
place for submittal of applications. Neither late applications nor revisions after the submittal of
the application shall be accepted. The applicant is expected to submit all information in Section
2.0 in order to permit the City to process the applications in a timely manner. Only one
application for the Project Selection Process may be submitted per separate legal building site
provided however, that one alternative may also be submitted as part of an application, but only
if submitted at the same time as the original proposed application. The only alternative
permissible shall be a variation of intensity of the main proposal (i.e. residential density or non
residential building square footage) of the same land use as applied for. During the application
period, applicants shall meet with the City to consider the allowance for submittal of an
alternative application, prior to filing of the original proposed application by the project
proponent.
Following the application submittal deadline, planning staff shall notify appropriate City Boards
and Commissions of the Project Selection Process applications and shall evaluate all applications
timely submitted, prepare staff reports and recommendations, and notice Planning Commission
and City Council public hearing(s) concerning the same.
Should additional information be requested by the City during the evaluation of the application
materials, the applicant shall provide the required information no later than 15 calendar days
from the date of the request. Failure to submit any requested materials in a timely fashion may
result in a denial of the application.
There shall be no appeal available from any of the administrative determinations referred to in
this section.
Section 3.1 Planning Commission Review and Recommendations
The Planning Commission shall hear and consider all applications for Project Selection Process
Determination at public hearing(s) conducted for said purpose. Within 30 days following the
close of the public hearing required herein, the Planning Commission shall forward to the City
Council the Commission's report and recommendations concerning Project Selection Process
Determinations.
Section 3.2 Citv Council Review and Action
The City Council shall initiate 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 3.1 hereinabove. Such hearing may be continued if
determined necessary by the City Council. The City Council shall make all final decisions
regarding Project Selection Process Determinations. The City Council's determination hereunder
shall be by resolution, which shall include findings.
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Section 4.0 Evaluation Criteria
All applications for a Project Selection Process Determination shall be evaluated using
evaluation criteria that reflect San Rafael General Plan 2020 and Redevelopment Plan goals and
policies, as set forth by the Community Development Director in the Project Selection Process
Review Criteria.
Section 5.0 Time Limits
A Project Selection Process Determination shall be valid for a period of two (2) calendar years
following the date of City Council approval. Within said two (2) year period, all required
plain- ing approvals and building permit approvals must be secured, and a building permit must
be issued and construction thereafter commenced. For purposes of Project Selection Process
vesting, if a building permit has not been issued during said two (2) year period of Project
Selection Process approval and/or construction has not commenced within said two (2) year
period of Project Selection Process approval, the Project Selection Process Determination shall
terminate and become null and void.
Time extensions of Project Selection Process Determinations shall not be granted. In the event a
Project Selection Process Determination has expired, the applicant may apply again for Project
Selection Process Determination.
Section 6.0 Amendments
The Project Selection Process set forth herein may be hereafter amended by Resolution by the
City Council from time to time.
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 15"' day October, 2007 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
Attachment: EXHIBIT A
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
JEA E M. LEONCINI, City Cleric
EXHIBIT A
PROJECT SELECTION PROCESS 2007
Review Criteria
All applications shall be evaluated using the specific criteria established below. The categories
and criteria may be adjusted as part of the City's amlual review of General Plan 2020. The City
Council reserves the right, in analyzing and reviewing competing projects under the PSP
procedure, to select any project(s), among those competing, which, in its sole determination, it
feels best responds to the priorities of the City as expressed in General Plan 2020,
Redevelopment Agency plans, and/or the Capital Improvement Program.
1. Public Benefit
Projects will be ranked in each area where a public benefit is provided.
Affordable Housing (AH). Housing affordable to very low, low and/or moderate -income
households, as required by General Plan policy.
Rating *
Excellent: 3+% above requirement
Preferred: Up to 3% above requirement
Acceptable: Project meets zoning ordinance requirements for affordable housing
Not Applicable: Project does not include residential units.
1) For ownership units, PSP units shall be affordable to moderate -income households.
For rental units, PSP units shall be affordable to low-income households.
2) For example, an `excellent' project would provide 7% additional affordable units
above the 20% requirement, resulting in a project that has 27% affordable units.
3) In assisted living projects, the rating is based on the same criteria as for non -senior
housing. For example, to receive an `excellent' rating, a 100 -unit assisted living
project would need to provide 26 affordable units.
Required means the number of affordable housing units required by Section
14.16.030 of the Zoning Ordinance.
High Tax Generating Use (HTG). A use that generates significant amounts of taxes that are
provided directly to the City of San Rafael. Multiplier, or spin-off, effects are not included in
HTG calculations.
Rating
Excellent:
More than $3,000/trip
Preferred:
$1,001 - $3,000/trip
Acceptable:
$500 — $1,000/trip
Minimal:
Up to $500/trip
Not Applicable: Project is not a high tax generating use.
Exhibit A-1
Needed Community Facility (NCF). A public improvement or facility identified in San Rafael
General Plan 2020, other adopted City plans or policies, Redevelopment Agency plans, or
recommended by the review committee as consistent with the intent of City policies, which
provides a valued service or public benefit to the community. Examples include the construction
or a substantial financial contribution to the construction of a facility described in General Plan
2020, for example, a childcare center or bicycle and pedestrian improvements. To the extent
practical, the facility should be in the vicinity of the proposed development. The contribution
should be in proportion to the project size. Construction of or a substantial financial contribution
to the construction of a facility listed below is determined to be of highest priority.
Needed Community Facilities 2007 — 08 Priority List
• Childcare centers — improvements and renovations
■ Community Center — improvements and renovations
■ Falkirk Cultural Center — renovations
■ Fire Stations — rehabilitation
■ Library — expansion or replacement
■ Medway Road improvements
■ North San Rafael Promenade
■ Police Station — expansion or replacement
• Transportation improvements that improve mobility and safety as determined by the
City's Traffic Engineer
■ Other project on the San Rafael Capital Improvement program
Rating
Excellent: Outstanding contribution to Priority Facility
Preferred: Major contribution to Priority Facility
Acceptable: Satisfactory contribution to Priority Facility
Not Applicable: Project does not provide a NCF
Needed Community Use (NCU). A use identified in San Rafael General Plan 2020, other
adopted City plans or policies, or Redevelopment Agency plans, or recommended by the review
committee as consistent with the intent of City policies, which provides a valued service or
public benefit to the community. It is most desirable that claimed public benefit be in the area of
the project site. The contribution should be in proportion to the project size. The uses listed
below are of highest priority.
Needed Community Uses 2007 — 08 Priority List
■ Full-service food store in the Canal Neighborhood
■ Medical clinic in the Canal Neighborhood
■ Movie theater/cineplex in Downtown
■ Recreational facilities open to the public
■ Site for job center (in or near the Canal Neighborhood)
■ Site for St. Vincent's de Paul Dining Room (close to Transportation Center)
Rating
Excellent: Outstanding contribution to Priority Use
Preferred: Major contribution to Priority Use
Exhibit A-2
Acceptable: Satisfactory contribution to Priority Use
Not Applicable: Project does not provide a NCU
2. Circulation Impacts (CI)
Traffic operations including intersections (and arterials if applicable) affected and mitigations
required.
Rating
Excellent: Acceptable traffic operations (no mitigations needed)
Preferred: Acceptable traffic operations with improvements to be installed by the
project
Acceptable: Acceptable traffic operations with improvements on the CIP Schedule
Unacceptable: Unacceptable traffic operations
3. Project Readiness (PR)
Status of environmental review and project funding.
Rating
Excellent:
Planning entitlements granted
Preferred:
Project application deemed complete and CEQA document completed
or exempt from CEQA
Acceptable:
Project application deemed complete and CEQA document underway
or EIR required, or application submitted and deemed incomplete
Minimal:
No project application submitted
Exhibit A-3
Category
Affordable Housing
Excellent: 3+% above requirement
Preferred: Up to 3% above requirement
Acceptable: Project meets zoning requirements for affordable housing
Not Applicable: Project does not include residential units.
High Tax Generating
Excellent: More than $3,000/trip
Preferred: $1,001 - $3,000/trip
Acceptable: $500 — $1,000/trip
Minimal: Up to $500/trip
Not Applicable: Project is not a high tax generating use.
Needed Community Facility
Excellent: Outstanding contribution to Priority Facility
Preferred: Major contribution to Priority Facility
Acceptable: Satisfactory contribution to Priority Facility
Not Applicable Project does not provide a NCF
Needed Community Use
Excellent: Outstanding contribution to Priority Use
Preferred: Major contribution to Priority Use
Acceptable: Satisfactory contribution to Priority Use
Not Applicable: Project does not provide a NCU.
Circulation Impacts
Excellent:
Acceptable traffic operations (no mitigations needed)
Preferred:
Acceptable traffic operations with improvements to be installed by the project
Acceptable:
Acceptable traffic operations with improvements on the CIP Schedule
Unacceptable:
Unacceptable traffic operations
Project Readiness
Excellent:
Planning entitlements completed
Preferred:
Project application deemed complete and CEQA document completed or
exempt from CEQA
Acceptable:
Project application deemed complete and CEQA document underway or EIR
required or application submitted and deemed incomplete
Minimal: No project application submitted
Exhibit A-4
Evaluation