HomeMy WebLinkAboutCC Resolution 11514 (Implement General Plan 2000)RESOLUTION NO. 11514
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NOS. 75839 80719 83139 93319 94189 101629
10714,10962 AND 11238 ESTABLISHING PRIORITY PROJECTS
PROCEDURE (PPP) FOR IMPLEMENTING THE SAN RAFAEL
GENERAL PLAN 2000 CIRCULATION ELEMENT POLICIES AND
PROGRAMS FOR THE NORTH SAN RAFAEL AREA ONLY (PO4-001).
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES THAT:
WHEREAS, the San Rafael General Plan 2000 Circulation Element contains Policy C-3
entitled, Timing of Development of Transportation Improvements which reads in pertinent part as
follows: "for health, safety and general welfare reasons, new development is to be constructed only
after needed circulation project funding has been guaranteed, circulation project environmental review
has been completed, and findings have been made that the time frame for completion of the needed
circulation improvement(s) will not cause Level of Service D to be exceeded."; and
WHEREAS, said General Plan contains Circulation Policy C-7 entitled, Proiects in
Circulation Impacted Area which reads in pertinent part as follows: "where there is limited circulation
capacity for which projects are competing, projects which shall receive priority City-wide include
projects providing significant amount of affordable housing, high tax generating uses or needed
neighborhood serving uses," and that "a procedure shall be established for processing such
applications in a timely fashion." Bellam Boulevard/I-580/Highway 101 (East San Rafael), the Freitas
Parkway/Highway 101 and Lucas Valley Road/Smith Ranch Road/Highway 101 (North San Rafael)
are the three circulation impacted areas in San Rafael; and
WHEREAS, said General Plan contains Circulation Program C -b entitled Proiect Approval
Procedure in Traffic Impacted Areas which mandates the adoption of a procedure to implement
Circulation Policy C-7. This program reads in pertinent part as follows: "Develop a procedure for
approving projects consistent with City priorities where roadway capacity is limited, several projects
are competing for capacity, and needed improvements will take significant time to construct"; and
WHEREAS, the certified General Plan EIR identifies General Plan Circulation Policy C-7
and General Plan Circulation Program C -b as mitigation measures needed to minimize future adverse
traffic impacts resulting from additional development within the City's planning area; and
WHEREAS, the City Traffic Engineer has analyzed the existing traffic conditions in both
the North San Rafael and East San Rafael areas and recommended that there is not adequate traffic
capacity to open up the Priority Projects Procedure for the East San Rafael area.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council does hereby
adopt the following procedure, to be known as the Priority Projects Procedure, to implement General
Plan Policies C-3 and C-7 and Program C -b so as to assure 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
ORIGINAL ���
said new development and to the maintenance of traffic level of service consistent with General Plan
Policies C-1 (Level of Service) and C-2 (Level of Service D Midpoint).
BE IT FURTHER RESOLVED that the Priority Projects Procedure is hereby established
for processing applications in the North San Rafael area only (Freitas Parkway/Highway 101 and
Lucas Valley Road/Smith Ranch Road/Highway 101), as there is not adequate traffic capacity in East
San Rafael to release any new trips.
Section 1.0 Applicabilitv
This resolution applies to all development projects proposed for property located in the
circulation -impacted areas of Freitas Parkway/Highway 101 and Lucas Valley Road/Smith Ranch
Road/Highway 101 (North San Rafael), as defined by General Plan Policy C-7 and mapped on
Exhibit A attached hereto, which require planning permits, including and without limitation,
rezoning, subdivisions, use permits and environmental and design review permits, unless said
projects are otherwise exempt from the Priority Projects Procedure pursuant to Section 1. 1,
hereinafter.
Prior to, contemporaneously with, or after securing necessary planning permits, and applications,
an applicant or authorized representative of a development project in the circulation -impacted
areas that are subject to the Priority Projects Procedure, shall file or have filed an Application for
Priority Project Determination as specified in Sections 2.0 and 3.0, hereinafter.
An application for Priority Project Determination shall not be considered a planning application
requesting City action on the merits of a proposed development project. An Application for
Priority Project Determination is separate and distinct from a planning permit application and
pertains only to City Council determination as to whether a proposed project is consistent with
General Plan Policies C-3 and C-7.
Obtaining a Priority Project Determination does not entitle an applicant to City action approving
the merits of a proposed development project.
Section 1.1 Exemptions
The following projects are exempt from the Priority Projects Procedure:
a) New uses which generate no more than one (1) p.m. peak hour critical move over the
historical vehicle trips at affected critical intersections associated with prior or existing
use of the property;
b) Repairs, modifications, alterations and/or replacements of existing structures or uses
when such repairs, modifications, alterations and/or replacements generate no more than
one (1) p.m. peak hour critical move over the historical vehicle trips at affected critical
intersection(s) associated with the existing use of the structures or property;
c) Construction, maintenance and repair of public or private roads, sanitary sewer, water,
drainage, parking or other utility facilities which generate no more than one (1) p.m. peak
hour critical move over historical vehicle trips at affected critical intersection(s);
d) Construction of residential dwelling units on appropriately zoned separate legal building
sites of record in existence on July 18, 1988, the date of adoption of the San Rafael
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General Plan 2000, which would generate no more than one (1) p.m. peak hour critical
move over historical vehicle trips at affected critical intersection(s) associated with the
property;
e) Second dwelling units that are in compliance with the San Rafael Zoning Ordinance and
for which all appropriate planning permits have been obtained;
fl Child care facilities;
g) Construction deemed necessary by the City Council to preserve the public health and
safety or to abate a public nuisance;
h) Construction of projects containing exclusively low income affordable residential units;
i) Change(s) to a previously approved Priority Project Procedure determination which has
not expired per Section 5.0, when the change(s) would: (1) result in a project that would
be similar to the approved project in terms of intensity, type, and use; (2) generate no
increase in P.M. peak hour critical moves; and (3) provide equivalent public benefits to
the originally approved project; and
j) Minor changes to already approved or otherwise exempt projects when the changes would
generate no increase in p.m. peak hour traffic.
Following adoption of this resolution:
1) The exemptions specified hereinabove in paragraphs (a), (b) and (d) shall be permitted
only one (1) time for a single property.
2) No more than one (1) additional p.m. peak hour critical move shall be permitted for any
single property by virtue of the granting of an exemption hereunder.
The Director of Community Development shall be authorized to determine whether projects are
exempt under this section. All exemptions granted shall be in writing and shall specify the
grounds therefor. The Planning Commission and City Council shall be informed of the
exemptions that have been granted by the Director of Community Development.
Section 2.0 Application Reouirements
An Application for Priority Project Determination or an application for a Priority Project
Determination time extension shall include the following information:
a) Property owner written authorization to apply;
b) Complete General Application Form;
c) $2,000 deposit;
d) A written description of the project, which includes a statement on how the project
qualifies as a "high priority" project, as defined by General Plan Policy C-7;
e) An Environmental Information Form;
fl Development plans and information as generally listed in Section 14.07.060 of the San
Rafael Zoning Ordinance, or as determined to be necessary by the Director of Community
Development, to evaluate projects in accordance with this resolution;
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g) A P.M. peak hour traffic analysis prepared by a licensed traffic engineer, in accordance
with the specifications established by the City Traffic Engineer; and
h) A detailed explanation of the proposed construction timing and phasing of the project and
information regarding how construction and execution of the project will be financed.
All applications for Priority Project Determination must be consistent with the San Rafael
General Plan 2000.
Section 3.0 Prioritv Proiect Determination Procedure
Within five business days following adoption of this resolution, or March 19, 2004, the City
Clerk 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 Ap_ Dlications for Prioritv
Proiect Determination.
Following publication of the Notice of Invitation, all Applications for Priority Project
Determination shall be submitted within 40 days of notice publication, or by ADril 28, 2004.
The Notice of Invitation shall specify the day, time and place for submittal of applications. No
late application shall be accepted. Only one Application for Priority Project Determination may
be submitted per separate legal building site.
At the close of the application period as set forth in the Notice of Invitation, if there is a single
application for the Priority Projects Procedure designation in any circulation -impacted area and
(1) that application qualifies as a "high priority" project as defined by General Plan Policy C-7,
and (2) the merits of the proposed project in that application have previously been approved by
the City, then the Priority Projects Procedure designation for this single application shall be
deemed granted without further proceedings required by the City.
Within approximately 30 days following the application submittal deadline, or by Mav 28, 2004,
Planning staff shall evaluate all applications timely submitted, prepare staff reports and
recommendations, and notice Planning Commission public hearing(s) concerning the same.
Section 3.1 Plannine Commission Review and Recommendations
The Planning Commission shall hear and consider all Applications for Priority Project
Determination at public hearing(s) conducted for said purpose. Within 30 days following the first
public hearing required herein, the Planning Commission shall forward to the City Council the
Commission's recommendations for Priority Project Determinations and allocations of all or a
portion of available traffic capacity in the circulation impacted area based upon the
Commission's Priority Project Determination.
Section 3.2 Citv Council Review and Action
The City Council shall conduct 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. The Council shall make final
decisions regarding Priority Project Determinations and shall allocate all or a portion of available
traffic capacity in the circulation -impacted area based upon said Priority Project Determinations.
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The City Council's determination of project priority and traffic allocations shall be by resolution,
which shall include appropriate findings.
Section 4.0 Evaluation Criteria
All Applications for Priority Project Determination shall be evaluated: a) against one another;
and b) against San Rafael General Plan 2000 goals and policies to determine whether an
individual project contributes positively to or alternately has a negative impact on the goals and
policies of the General Plan. Projects shall be rated Excellent, Good, Fair or Poor according to
the following:
Excellent - A rating of Excellent means the project will make an outstanding contribution
advancing the goals and policies of the San Rafael General Plan 2000 and has no significant
conflicts with those goals and policies.
Good - A rating of Good means the project furthers many goals and policies of the San
Rafael General Plan 2000 and does not significantly conflict with goals and policies of the
San Rafael General Plan 2000.
Fair - A rating of Fair means the project does not particularly advance goals and policies of
the San Rafael General Plan 2000, and that conflicts with goals and policies of the San Rafael
General Plan are too significant or could be eliminated or significantly minimized through
appropriate mitigation.
Poor - A rating of Poor means the project conflicts with important goals and policies of the
San Rafael General Plan 2000 and the conflicts cannot be eliminated or significantly
minimized through changes in the project.
Section 5.0 Time Limits
A Priority Project Determination shall be valid for a period of one (1) calendar year following the
day of City Council approval. Within said one year period, all required planning approvals and
building permit and/or foundation permit approvals must be secured, a building permit and/or
foundation permit issued and construction begun, or a Priority Project Determination time
extension granted. Construction of the project shall thereafter be diligently pursued toward
completion in reliance upon said approvals and building/foundation permit. If: a) a
building/foundation permit is not issued; b) construction has not begun; c) a time extension not
granted; or d) if required building/foundation permit(s) expire, a Priority Project Determination
shall terminate and become null and void.
In the event a project, when granted priority determination hereunder, has not had planning
permit applications filed, all required planning permit applications needed to construct all phases
of the project must be filed with the Planning Division within 60 days following securing said
Priority Project Determination and thereafter kept valid or said Priority Project Determination
shall terminate and become null and void.
Upon approval of said planning permit applications, findings shall be made that the project is in
substantial compliance with the approved Priority Project application, and that any changes to the
project will not diminish its high priority status.
Any requests for time extensions of Priority Project Determinations shall be filed at the same
time as Applications for Priority Project Determination are to be submitted. All requests for time
extensions for Priority Project Determinations shall be reviewed by the Planning Commission at
the same time it reviews all new Applications for Priority Project Determination. The Planning
Commission shall forward its recommendations to the City Council as to which priority project
determinations should be granted time extensions and which new applications for Priority Project
Determinations should be approved. The City Council shall then decide upon the requests for
time extensions of Priority Project Determinations at the time of its next Priority Projects
Selection Procedure.
A Priority Projects Selection Procedure shall be conducted annually or at more frequent intervals,
as the City Council may from time to time establish. The City Clerk shall publish and mail a
Notice of Invitation to Submit Applications for Prioritv Proiect Determination annually as
provided for in Section 4.0 of this resolution.
Section 6.0 Appeals
If any person is not satisfied with the action of the Director of Community Development
concerning the administration of this procedure, he/she may, within five business days following
the decision of the Director of Community Development, file an appeal in writing to the City
Council. The appeal shall set forth the basis upon which the appeal is made, setting forth all
relevant factors, shall be addressed to the City Council and shall be filed in the office of the City
Clerk within said five business days. The fee for such appeal shall be the same as an appeal to
the City Council from a Planning Commission decision ($300.00).
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`h day of March 2004 by the following vote,
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Attachment: Exhibit A
Cohen, Heller, Phillips and Vice -Mayor Miller
None
Mayor Boro
JEANNE M. LEONCINI, City Clerk
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