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Home My WebLink AboutCC Resolution 8071 (General Plan 2020)RESOLUTION NO. 8071 RESOLUTION AMENDING RESOLUTION NO. 7853 ESTABLISHING PRIORITY PROJECTS PROCEDURE IMPLEMENTING SAN RAFAEL GENERAL PLAN 2000 WHEREAS, the San Rafael General Plan 2000 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 will not cause Level of Service D to be exceeded."; and WHEREAS, said General Plan contains Policy C-7 entitled Projects in a Circulation Impacted Area which reads in pertinent parts as follows: "where there is limited circulation capacity for which projects are competing, projects which shall receive priority City-wide include projects providing significant amounts 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"; and WHEREAS, said General Plan contains Program C -b entitled Project Approval Procedure in Traffic Impacted Areas which mandates adopting a procedure to implement Policy C-7 and which 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 improvments will take a significant time to construct"; and further WHEREAS, the certified General Plan EIR identifies Policy C-7 and 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 Definitions (see attachment) Section 2.0 Applicability This resolution applies to all development projects proposed for property located in circulation impacted areas as defined by General Plan Policy C-7 and mapped on Exhibit A attached hereto, which require planning permits including without limitation rezonings, subdivisions, use permits and environmental and design review permits, unless said projects are otherwise exempt from the Priority Projects Procedure pursuant to Section 2.1 hereinafter. Prior to, contemporaneously with or after securing necessary planning permits, an applicant or authorized representative of a project subject to the Priority Projects Procedure shall file or have filed an Application for Priority Project Determination as specified in Sections 3.0 and 4.0 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 2.1 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 over the historical critical moves at affected critical intersection(s) 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 over historical critical moves 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 p.m. peak hour critical move over historical critical moves at affected critical intersection(s). (d) Construction of residential dwelling units on appropriatel} zoned separate legal building sites of record in, existence on July 18, 1988, the date of adoption -2- of the San Jael General Plan 2000, v :ch would generate no more than one (1) p.m. peak hour critical move over historical critical moves at affected critical intersection(s) associated with the property; (e) Second dwelling units in compliance with the San Rafael Zoning Ordinance and for which all appropriate planning permits have been obtained; (f) Child care facilities; (g) Residential subdivisions which authorized and currently valid or similar zone, are more than contain a minimum of 10% units or -moderate income households fees therefor; are part of a previously Planned Development 75% constructed, and affordable to low or provide in lieu (h) Construction deemed necessary by the City Council to preserve the public health and safety or to abate a public nuisance; (i) Construction of projects containing exclusively low income affordable residential units; and (j) Minor changes to already approved or otherwise exempt projects when the changes would generate no increase in p.m. peak hour traffic generation. 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 shall be permitted for any single property by virtue of the granting of an exemption hereunder. The Planning Director 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. Copies of all exemptions granted hereunder shall be sent to the Planning Commission and City Council. Section 3.0 Application Reauirements An Application for Priority Project Determination or a Priority Project Determination time extension shall include the following information: (a) Property owner written authorization to apply; (b) A General Plan Goals and Policies checklist detailing how the project is or is not consistent with the San Rafael General Plan 2000. (c) An Environmental Information Form. (d) Development plans and information listed in Sections 14.51.030A.1.a, 2b and c; 14.51.040; 14.51.050 A,B,C,D, E,G,H,I and J of the San Rafael Zoning Ordinance as determined necessary by the Planning Director to evaluate projects in accordance with this resolution. (e) A p.m. peak hour traffic analysis as specified by the City Traffic Engineer. (f) 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 shall be consistent with the San Rafael General Plan 2000. -3- Section 4.0 Priority Project Determination Prot�dure On the first business day of November 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 ADDlications for Prioritv Project Determination.. Following publication of the Notice of Invitation, on January 15, or the next business day thereafter if January 15th falls on a weekend or holiday, all 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 applications shall be accepted. Only one Application for Priority Project Determination may be submitted per separate legal building site. Within 45 days following the application submittal deadline, planning staff shall evaluate all applications timely submitted, prepare staff reports and recommendations, and notice Planning Commission public bearing(s) concerning the same. Section 4.1 Planning Commission` Review and Recommendation The Planning Commission shall hear and consider all Applications for Priority Project Determination at public bearing(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 allocation of all or a portion of available traffic capacity in circulation impacted areas based upon the Commission's priority project determination. Section 4.2 Citv Council Review and Action The City Council shall conduct public bearing(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 4.1 hereinabove. The Council shall make final decisions regarding priority project determinations and shall allocate all or a portion of available traffic capacity in circulation impacted areas based upon Said priority project determinations. The City Council's determination of project priority and traffic allocations shall be by resolution with appropriate findings. Section 5.0 Evaluation Criteria All Applications for Priority Project Determination shall be evaluated against one another and against San Rafael General Plan 2000 goals and policies to determine whether an individual project contributes positively to or alternatively 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. 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 not significant or could be eliminated or significantly minimized through appropriate mitigation. -4- 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 6.0 Time Limits A priority project determination shall be valid for a period of one year following the date of City Council approval. Within said one year period, all required planning and building permit approvals must be secured, a building 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 permit. If a building permit is not issued, or construction has not begun, or a time extension not granted, or if required building 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 Department 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 determination 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. A Priority Projects Selection Procedure shall be conducted annually or at such 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 Applications for Prioritv Project Determination annually as provided for.in Section 4.0 of this resolution. Section 7.0 Appeals If any person is not satisfied with the action of the Planning Director concerning the administration of this procedure, he/she may, within five business days following the decision of the Planning Director, appeal in writing to the City Council. The appeals 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. -5- 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 16TH day of OCTOBER 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Br�iner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA M. LEONCINI, ity Clerk ®®®o F -� rl mDr o30 o �- K D -4 D Nm-1 4 \ ` ` x �. �d