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