HomeMy WebLinkAboutCC Resolution 11666 (General Plan 2020 Implementation Procedures)RESOLUTION NO. 11666
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ESTABLISHING PROCEDURES FOR A 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. 11514
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, 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, 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 11514 adopted March 14, 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 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 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:
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PROJECT SELECTION PROCESS
Section 1.0 Anplicability
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 at
affected critical intersections 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 per section 5.0, when
such change is (1) similar in intensity, type and use, (2) generates no increase in peak
hour traffic, and (3) provides public benefits equivalent to the originally approved
proj ect.
e. City and/or Redevelopment Agency -owned public facilities.
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Following adoption of this resolution, an exemption(s) specified hereinabove in paragraph 1.1(a)
shall be permitted for a single property provided that the exemption(s) does not exceed ten
vehicle trips as described above.
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. 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;
c. A deposit as indicated on the then -current 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
h. A detailed explanation of the proposed construction timing and phasing of the proposed
project and specific information regarding how construction and execution of the project
will be financed.
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. Within ten (10) business days following
determination by the Community Development Director, in consultation with the City Traffic
Engineer, that traffic capacity is available, 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 Annlications 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.
Application 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. No late applications shall be accepted. Only one application
for Project Selection Process may be submitted per separate legal building site.
If, at the close of the application period as set forth in the Notice of Invitation, (1) there is only a
single application for the Project Selection Process, (2) the application qualifies as a "high
priority" project as defined by General Plan policies, and (3) project entitlements have been
granted for the project for which a Project Selection Process Determination is sought and such
approval is currently valid, then the Project Selection Designation for this single application shall
be deemed granted without further proceedings required by the City.
Within 45 days following the application submittal deadline, planning staff shall notify
appropriate City Boards and Commissions of the Project Selection Process applications, and, if
requested, schedule on the appropriate agenda the application(s) for discussion and
recommendation, evaluate all applications timely submitted, prepare staff reports and
recommendations, and notice Planning Commission public hearing(s) concerning the same. The
Community Development Director, following a determination that additional time is necessary
for adequate analysis of traffic impacts, may extend the review time.
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.
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.
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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
planning approvals and building permit approvals must be secured, and a building permit must
be issued and construction thereafter commenced. Construction of the project must be diligently
pursued toward completion in reliance upon said approvals and building permit. If a) a building
permit has not been issued during said two (2) year period of Project Selection Process approval,
b) construction has not commenced within said two (2) year period of Project Selection Process
approval, c) a building permit has been issued and subsequently expires at any time during a
period when a project has been awarded Project Selection Process approval, or d) a building
permit has been issued for a project awarded Project Selection Process approval and thereafter
construction ceases or the City determines that construction has not been diligently pursued for a
period of six (6) months, 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`h day November, 2004 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
JEANJiMMEONCINI, City Clerk
Attachment: EXHIBIT A
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EXHIBIT A
PROJECT SELECTION PROCESS 2005
* Review Criteria *
All applications shall be evaluated using the specific criteria established below. The categories
and criteria may be adjusted as part of the annual 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: 6+% above requirement
Preferred: 3 — 6% above requirement
Acceptable: Up to 3% above requirement
Minimal: Project meets zoning 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.
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.
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
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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 of highest priority.
Needed Community Facilities 2004 — 05 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
■ 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
Minimal: Modest contribution
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. The contribution should be in proportion to the project size.
The uses listed below are of highest priority.
Needed Community Uses 2004 — 05 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
Acceptable: Satisfactory contribution to Priority Use
Minimal: Modest contribution
Not Applicable: Project does not provide a NCU
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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
Minimal Unacceptable operations, but necessary improvements are listed in
General Plan
Unacceptable: Unacceptable traffic operations
3. Project Readiness (PR)
Status of environmental review and project funding.
Rating
Excellent:
Planning entitlements completed
Preferred:
Project application deemed complete and CEQA document completed
or exempt
Acceptable:
Project application deemed complete and CEQA document underway
Minimal:
Project application deemed complete, EIR required, or application
submitted/incomplete
Not Applicable:
No project application submitted
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Category
Affordable Housing
Evaluation
Excellent: 6+% above requirement
Preferred: 3 — 6% above requirement
Acceptable: Up to 3% above requirement
Minimal: 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
Minimal: Modest contribution
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
Minimal: Modest contribution
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
Minimal Unacceptable operations, but necessary improvements are listed in General Plan
Unacceptable: Unacceptable traffic operations
Project Readiness
Excellent: Planning entitlements completed
Preferred: Project application deemed complete and CEQA document completed or exempt
Acceptable: Project application deemed complete and CEQA document underway
Minimal: Project application deemed complete, EIR required or, application
submitted/incomplete
Not Applicable: No project application submitted
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