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HomeMy WebLinkAboutCC Resolution 11668 (Traffic Mitigation Fee)RESOLUTION NO. 11668 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL IMPOSING TRAFFIC MITIGATION FEE ON DEVELOPMENT PROJECTS CITYWIDE IN SAN RAFAEL PLANNING AREA. ($4,246,00 PER TRIP) WHEREAS, the City Council of the City of San Rafael has adopted San Rafael Municipal Code Section 3.32 creating and establishing the authority for imposing and charging Public Facilities Fees; and WHEREAS, pursuant to Section 3.32, the City Council of the City of San Rafael adopted Resolution No. 7882 establishing a traffic mitigation fee for certain zones of benefit within the City; and WHEREAS, San Rafael General Plan 2020 identifies the potential impacts of projected future development, the needed facilities and the estimated costs of those improvements, including specifically for these purposes necessary and needed traffic infrastructure improvements and the projected costs thereof, and WHEREAS, the circulation element of the General Plan 2020, and the effectiveness of the existing traffic mitigation fee were discussed at public hearings on September 28, 2004; and WHEREAS, it was determined that the existing traffic mitigation fee is insufficient to fund the proposed traffic infrastructure improvements necessary to support projected future development in the City; and WHEREAS, it was further determined that the current traffic mitigation fee, which said fee is currently only applied to development projects in three defined traffic impacted areas of the City, does not adequately reflect the current traffic and circulation concerns of the City because: (1) the City is experiencing City-wide traffic congestion beyond the three previously defined zones of benefit; (2) the City has traffic infrastructure needs outside of the three defined zones of benefit; and (3) development projects in each area of the City impact traffic throughout the City bychanges in the number of A.M. and P.M. peak hour trips; and WHEREAS, various proposed alternatives and/or amendments to the existing traffic mitigation fee were presented and discussed at the public hearings in order to address these concerns, and the City Council preferred expanding the geographical application of the existing traffic mitigation fee so that it would be assessed Citywide, and further preferred combining all fees collected into one citywide traffic mitigation fee account; and WHEREAS, the City Council further determined that the traffic mitigation fee should be increased to $4,246.00 per trip, and that the fee shall be assessed by multiplying the per trip fee by the total number of new AM plus PM peak trips generated by a project; and WHEREAS, the estimated number of trips generated per development project shall be approved by the City Traffic Engineer and traffic mitigation fee shall be assessed and paid at the time of the issuance of the building permit for development; and WHEREAS, the traffic mitigation fee will be adjusted annually based on "Lee Saylor Construction Cost Index"; and WHEREAS, the City Council has determined that: 1) cultural and theater facilities, excluding night clubs in Downtown, 2) childcare facilities, and 3) affordable housing projects shall be exempt from traffic mitigation fees; and WHEREAS, the traffic mitigation fee adopted herein shall not be assessed on any development project for which land -use entitlements have been granted and remain valid, pursuant to Title 14 of the San Rafael Municipal Code (Zoning Ordinance), as of the effective date of this resolution. For those projects, the traffic mitigation fee in place prior to the effective date of this resolution shall be assessed and collected. A "valid" land -use entitlement shall be one for which project approval has been granted by the decision-making authority, no appeals have been filed within the appeal period specified within the Zoning Ordinance, and the approval granted by the decision-making authority has not lapsed; and WHEREAS, the traffic mitigation fee adopted hereby shall not be assessed on or collected for any project subject to a Development Agreement approved prior to the effective date of this resolution, except in those instances where the Development Agreement specifically authorizes the City to collect fees and charges adopted by the City subsequent to the date of approval of the Development Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby finds and determines that the above Recitals are true and correct and serve as the basis, in part, for the actions of the City Council set forth below; and BE IT FURTHER RESOLVED that the City Council of the City of San Rafael does hereby adopt this Resolution establishing a new Citywide traffic mitigation fee pursuant to San Rafael Municipal Code Section 3.32; 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 the 15`" day of November, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips JE NE M. s 12, LEONCINI, City Clerk