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HomeMy WebLinkAboutCC Resolution 11238 (Implement General Plan 2020)RESOLUTION NO. 11238 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NOS. 7583, 8071, 8313, 9331, 9418, 10162, 10714, AND 10962 ESTABLISHING PRIORITY PROJECTS PROCEDURE (PPP) FOR IMPLEMENTING THE SAN RAFAEL GENERAL PLAN 2000 CIRCULATION ELEMENT POLICIES AND PROGRAMS 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 ADDroval 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 further 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. 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 and 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 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). Section 1.0 Applicability This resolution applies to all development projects proposed for property located in the circulation -impacted areas of Bellam Boulevard/1-580/Highway 101 (East San Rafael), 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 (which, for the impacted area of East San Rafael equates to 10 p.m. peak hour vehicle trips, except along the Bellam Boulevard corridor [see Section 1.2, below]) 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 (which, for the impacted area of East San Rafael equates to 10 p.m. peak hour vehicle trips, except along the Bellam Boulevard corridor [see Section 1.2, below]) 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 (which, for the impacted area of East San Rafael equates to 10 p.m. peak hour vehicle trips, except along the Bellam Boulevard 2 corridor [see Section 1.2, below]) 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 General Plan 2000, which would generate no more than one (1) p.m. peak hour critical move (which, for the impacted area of East San Rafael equates to 10 p.m. peak hour vehicle trips, except along the Bellam Boulevard corridor [see Section 1.2, below]) 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; (f) 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; and (i) 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 (which, for the impacted area of East San Rafael equates to 10 additional p.m. peak hour vehicle trips, except along the Bellam Boulevard corridor [see Section 1.2, below]) 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 1.2 Development Proiects Proposed Alone the Bellam Boulevard Corridor The Bellam Boulevard corridor consists of properties fronting on Bellam Boulevard and receiving access from Bellam Boulevard and/or a cross street, between Andersen Drive and Kerner Boulevard. All new development projects resulting in a new driveway or intensification of an existing driveway along this corridor shall be independently analyzed (on a case-by-case basis) to determine if a Priority Project Determination is required. The independent traffic analysis shall be required regardless if the development project generates less than or more than 10 p.m. peak hour trips. 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; (f) 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; (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, 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 AD_ Dlications for Priority 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 March 5. 2003, Applications for Priority Project Determination shall be submitted. The Notice of Invitation shall specify the day, time and place for submittal of applications. No late application shall be 4 accepted. Only one Application for Priority Project Determination may be submitted per separate legal building sites. 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 ADril 4. 2003, 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 Planning 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. 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. 5 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. 6 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 Annlications for Priority Project 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, 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 ($200.00). 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 Tuesday, the 21St day of January 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro JEAI,KE M. LEONCM, City Clerk Attachment: Exhibit A 7