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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: yad���bb 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. 2 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. 4 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 5 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 0 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 7 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 9 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 0