HomeMy WebLinkAboutOrdinance 1824 (Public Notice Requirements)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1824 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REVISING THE PUBLIC NOTICE REQUIREMENTS CONTAINED IN TITLE
14 (ZONING ORDINANCE) OF THE SAN RAFAEL MUNICIPAL CODE
(ZO03-004)"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 3rd day of Mav, 2004, a
SUMMARY of Ordinance No. 1824 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL. a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City
held on the 17th day of May, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
18th day of May, 2004
JEAI y M. LEONCINI, City Clerk
ORDINANCE NO. 1824
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REVISING
THE PUBLIC NOTICE REQUIREMENTS CONTAINED IN TITLE 14 (ZONING
ORDINANCE) OF THE SAN RAFAEL MUNICIPAL CODE
(ZO03-004)
WHEREAS, in June 2003, the City of San Rafael initiated an amendment to the San
Rafael Municipal Code to revise the public notice requirements contained in the Zoning
Ordinance (Title 14); and
WHEREAS, the proposed revisions to the public notice requirements are categorically
exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15305, Minor Alteration in Land Use Limitations, and the City of San
Rafael Environmental Assessment Procedures Manual under Class 5f., Zoning Ordinance text
amendments not involving proposed development plans or commitment of land use or resources
which would result in a significant environmental impact; and
WHEREAS, a notice describing the proposed revisions to the public notice requirements
was: a) published in a local newspaper of general circulation in the area; and b) mailed to special
interest groups; and
WHEREAS, on January 22, 2004, the Planning Commission held a public hearing,
accepted all oral and written public testimony and the written report of the Community
Development Department staff, and voted 5-1-1 (Commissioner Alden opposed and
Commissioner Lang absent) to recommend to the City Council approval of the proposed
revisions; and
WHEREAS, on February 17, 2004, the City Council held a public hearing and accepted
all oral and written public testimony and the written report of the Community Development
Department staff, and voted to continue the matter to a later date to give staff time to evaluate
issues raised at the meeting, including: 1) noticing radius of 600 feet versus 300 feet; 2) noticing
non -owner occupants and tenants; 3) alternatives to peel and stick labels; and 4) a better sign for
posting on properties without yards; and
WHEREAS, on April 19, 2004, the City Council held a study session to review
additional information provided by staff, further discuss the proposed revisions, and provide
direction to staff; and
WHEREAS, on May 3, 2004, the City Council held a public hearing and accepted all oral
and written public testimony and the written report of the Community Development Department
staff.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS
FOLLOWS:
DIVISION 1. Title 14 is amended as presented in Exhibit A of this Ordinance, based on the
following findings:
1. The proposed revisions would be consistent with the intent of the San Rafael General Plan
2000, which encourages public review and participation in all aspects of the planning
process, and would not conflict with any provisions contained in the Zoning Ordinance. The
revisions to the City's notice requirements would provide the public with greater consistency
in that all public meetings and hearings would require the same level of notification and
would allow for earlier notification of projects that are scheduled for consideration by the
Design Review Board, Zoning Administrator, Planning Commission and/or City Council.
There would also be wider notification of projects through improvements to the posting of
subject properties and noticing non -owner occupants and tenants.
2. The proposed revisions would also be consistent with state law given that modifications to
the public notice requirements would provide the public with notification sooner than
required by state law and would provide better posting of properties thereby increasing the
opportunity for the public to be informed about projects being proposed in their
neighborhood.
DIVISION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or
more section, subsection, sentence, clause or phrase may be declared invalid.
DIVISION 3. A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to
the City Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of those Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for or against the Ordinance.
ATTEST:
JEANNE M. LEONCI I, City Clerk
The foregoing Ordinance No. 1824 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on May 3, 2004, and was ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of
the Council to be held on Monday, May 17, 2004.
JE M. LEONCWI, City Clerk
Attachments:
Exhibit A
Exhibit A
Amend the existing public notice reauirements contained in Title 14 Zoning Ordinance as
follows:
14.07.080 Public notice and hearing.
A. The planning commission and city council shall hold public hearings to consider
applications to rezone property to the PD district and/or a development plan
application;
B. Notice of public hearings shall be given consistent with Chapter 14.29,
Amendmen Public Notice. (Ord. 1625 § 1 (part), 1992).
14.20.060 Public notice and hearing on zoning administrator items.
The zoning administrator shall hold a public hearing on applications for use permits,
variances or environmental and design review permits, as listed in the corresponding
chapters. Notice shall be given consistent with Chapter 14.29
Public Notice. (Ord. 1625 § 1 (part), 1992).
14.22.060 Public notice and hearing.
A. Public Hearing. The zoning administrator or planning commission, as the case may
be, shall hold a public hearing on an application for a use permit.
B. Notice of public hearings shall be liven consistent with Chap_ ter 14.29 Public
Notice. Notice shall he given, the folio ..•ing manneF
1. Zoning administrator- items -i
a. Mailed netiee to prepefty owners within th+ee hundfed feet (300') of the subjeet
pr-opefty;
h Mailed notiee to .,f f ete.l „ gh,,e .od, b'a�nv:, and . ;
e. Posting of the notiee in the aff-eeted neighbor -heed-.
2. Planning eemmission itemsi.
a. Td.,ile.l netiee t., „ eFt y ;th;,, duee hundred feet (300') of the subjeet
. l�nMailed .1 tiee t., ffeete.l h .1
r'rrcairorrc�cv--arrccrca-rrv=izcewne�-fi$`avC�Tti6r'r9� and,
t least thfe 1 hl' 1 within �6Stii3 6f�e-ii6�Ee -riT-nrzca�c�rsve-(�Tp avri�rrraC$S�icriirrESi
1 A .los..,-;,,t;..,, of the pr-opesed development and 1.....,t;..„•
,
date,2. The tifne and e
3 . = A zefeFenee to „t;..,, ,,.,.,te,-ials a file f fne - detailed eta le�7 inn ...,,.,ti3n; and,
.�e. ., 1;.,..
4. A statement that any interested p mon an od agemt -n—my ape.,,- an he
Beard. (Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
14.23.050 Public notice and hearing.
A. Public Hearing Required. The zoning administrator or planning commission, as the
case may be, shall hold a public hearing on an application for a variance.
Exhibit A
B. Notice of public hearinzs shall be .iven consistent with Chap_ ter 14.29 Public
Notice. Noticc ahull be given in the fells ing :gni
1. Zoning adfninistFatff ;tems-
a. Mailed lea , „tiee to „ e,.t„ OIAIReFSwithin tl,,.ee 1,,,ndre,l feet «nn') of the subject
pr-epeFty;
1, Mailed netiee to .,ffeete,l , g1,>,,,,a eed, lux-xess and 1,,,,,,e,,wneasseeiations;
old;
s. Posting of the notiee i the .,f- ete(i neighborhood.-
--2.
Rl,l,.,,-1,.,o--2. Plannin .
a. 1\ ') ef the subjeet
b. Mailed nonce to ^fes ^tea neighbor -hood, buoln„ or ramciatiqfts-;-
and;
e. Posting of the netiee in .,t least thfee (?>j publi^ plaees within eity limit&,
.l,,, ing one (1) publis
C. ntents o€Noti-e The „enetiee of llw- p,.&ic rearing ch\a11 e irr:
1. A deser-iption of the proposed development and ;
7 The date, time and place of,,ublie t,--;)
3 A ,-efo,-enee to ., „1;.,.,t;.,,, ,,,.,teri.,ls on file f:,,• more detailed i fi,rmatien; and,
agent4. A statement that any interested per -son and/er authorized
beard (Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
14.25.060 Public notice and hearing.
A. Major Environmental and Design Review Permit.
1. The planning commission shall hold a public hearing on an application for a
major environmental and design review permit.
2. Notice of Desian Review Board meetings and P1amline Commission hearin4s
shall be eiven consistent with Chanter 14.29 Public Notice. Ne4i2c ahaKI be given
in the folio
a. 1\4.,;le,l ,, ,t; .e t„ e, t, ;tl,;,, tl,, e hundred feet (300') of the o„ bjeet
py-eper-ty;
and,
e. Posting of nQdc in .,t least -three -(-3) publis places within ,,;t„ lim ts
.l,,, ing „ e (1) public plaee in the area dir-eetly affected by the preeeeding-.
2. Contents of Netiee The netiee of the publie hsa'rixS sentain:
a. A deseription of the proposed develepmwnt mid the r
b. Th. date,
a. A ,•efo..enee t,.., „1:,..,t:,,„ .,,,,teri.,ls o file f.,,-,,, e detailed i fe,-,,,.,tien-, .,,,,1
I n statement that ., interested per -son ndle authorized agent , , aprnar and
be heard
B. Minor Environmental and Design Review Permit.
1. The zoning administrator shall hold a public hearing on an application for minor
environmental and design review permit.
Exhibit A
2. Notice of Design Review Board meetings and Zoning Administrator hearings
shall be given consistent with Chanter 14.29 Public Notice. Notiee shall be given
in the fellewing tnann
a. Mailed natiee to pr-eperty ewner-s within ena hundrad feet (100') of the subj
preperty;
b. Mailed netiee to affeeted neighbor -hood, business and hemeewner- ;
e. Posting of the netiee in the aff-eeted neigMer-heed,
3. Contents of Not-iE . The ,,, tiee „rthe puV.6 hoar .g shall,..,F^;,,:
b. The date, time and plaee of ptiblie ;
e. A ,-ef to ^ ..he do materials o filo for- more detailedinn ,.,,,^tion, and,
d. A statement that any interested person and/or- authorized agent may appear and
be heard.
C. Administrative Environmental and Design Review Permit. Public notice and hearing
are not required for issuance of an administrative environmental and design review
permit. For development subject to Section 14.25.040(C)(2-9), modifications to
properties in the EA overlay district, Upper story additions, a courtesy notice shall be
sent to adjacent property owners and the neighborhood and/or homeowner
association(s).(Ord. 1625 § 1 (part), 1992).
14.27.050 Public notice and hearing.
The planning commission shall hold a public hearing on any proposed rezoning or
amendment to the zoning ordinance. Notice ofup blic said—hearing shall be given
consistent with Chanter 14.29 Public Notice. at least ten (10) days prior- to the ho
the f6flowing manner!
A.Theshallot pubkxzhad at yeast eneenewspaper- of genera ulati,.,
B. if the proposed amendment affeets the pemiifted uses of real property, flotiee shall
also be mailed or- delivered at least ten (10) days prior- to the hear-ing to the fello:'A,ing
,
assessor-sehools or- other- essential f4eilities or- sen4ees to the development, "Ose ability to
shown on the last equalized tax assessment rell within th'-ee hundr-ed feet (300') of the
Stamrr�:; .. ,. out in -f „^t;,,,, than the assessment roll may be used i lieu „r
the assessment 311); and, af-eetadneighb neighbor -heed, business and hemeevm
asseeatt-'ions..
peater- than one thousand (1,000), the eity may, as one altefflative to the netiee
required by (B) above, piaee a display adver-tisemeiA of at least efle eighth (1,18) p
,.er- of general eir-eultion in the ,.;t„ at least ten (1 0) days prior- to the-
heanng.
D. The netie3 Jlall ince -the date, Limo and plaae of the h the identity of the
hearing body, a general explanation of the matter- being eonsider-ed and a general
(Ord.
1625 § 1 (part), 1992).
3
Exhibit A
Add the following new Chapter 14.29 Public Notice to Title 14 Zonin-a Ordinance:
Chapter 14.29 Public Notice
Sections:
14.29.010 Specific PulDose
14.29.020 Notice of Public Meeting or Hearing
14.29.010 Specific Purpose
This Chapter establishes procedures for noticing public meetings and hearings before the
Design Review Board, Zoning Administrator, Planning Commission and City Council.
When a public meeting or hearing is required by this Zoning Ordinance, public notice
shall be given as provided by this Chapter.
14.29.020 Notice of Public Meeting or Hearing
When a land use permit or other matter requires a Dublic meeting or hearing, the public
shall be Drovided notice in compliance with state law (Government Code Sections 65090,
65091, 65094 and 66451.3, and Public Resources Code 21000 et seq.), and as required by
this Chapter.
A. Contents of notice. Notice of a Dublic meeting or hearing shall include:
1. Hearing information. The date, time and location of the meeting or hearing, the
name of the meeting or hearing body or officer, and the phone number of the
Droiect Dlanner and street address where an interested person could call or visit to
obtain additional information; and
2. Proiect information. A descriDtion of the proposed project or matter to be
considered and the location of the Dropertv, if any, that is the subiect of the
hearing, and
3. Statement of environmental review. The notice for a public hearing shall
include a statement regarding_ coinDliance with the California Environmental
Oualitv Act (CEOA) and level of environmental review. If a negative declaration
or environmental impact reDort has been prepared for a Droiect, the notice shall
include a statement that the hearing body will also consider adoption of the
negative declaration or certification of the final environmental impact report.
B. Method of notice distribution. Notice of a Dublic meeting or hearing required by
this Chapter for a land use permit, amendment, or appeal shall be given as follows, or
as required by state law (Government Code Sections 65090 and 65091), whichever is
greater:
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Exhibit A
1. Mailing. Notice shall be mailed at least 15 days prior to the meeting or hearing to
the following:
a. Owners of the prosect site and applicant. The owner(s) of the subiect
DroDertv, or the owner's agent, and the applicant;
b. Neighborhood, business and homeowner's association. The affected
neighborhood, business and homeowner's association(s) where the project site
is located;
c. Affected property owners. All DroDertv owners shown on the latest
equalized assessment roll within a radius of 300 feet from the exterior
boundaries of the DroDertv that is the subiect of the meeting or hearing (in -lieu
of the assessment roll, records of the County Assessor which may contain
more recent information than the assessment roll may be used);
d. Non -owner occupants and tenants. All non -owner occupants and tenants
within a radius of 300 feet from the exterior boundaries of the property that is
the subiect of the meeting or hearing.
e. Local agencies. If any proposed rezoning or amendment to the Zoning
Ordinance affects the Dermitted uses of real DroDertv, each local agency
expected to Drovide water, sewage, streets, roads, schools or other essential
facilities or services to the develoDMent, whose ability to Drovide those
facilities or services may be significantly affected.
2. Posting. Notice shall be Dosted on the subiect property at least 15 days prior to
the meeting or hearing in accordance with the following:
a. Applications requiring posting. A public hearing notification sign shall be
required for the following applications: Planned Developments, Rezoninas
and General Plan Amendments involving a land use change, Tentative Maps,
Variances, Use Permits involving new construction and Environmental and
Design Review Permits. Posting shall be required for Environmental and
Design Review Permits only when development is proposed on a vacant lot or
when additional building area is proposed on an existing developed property.
b. Sign size, height and design. Each sign shall be 24 inches by 36 inches and
shall be mounted or attached to a frame that Drovides adequate visibility. The
sign shall Drovide a notice with information about the DroDosed Droiect
including: the name of the meeting or hearing body or officer, the date, time
and location of the meeting or hearing, a descriDtion of the DroDosed Droiect,
and the phone number of the Droiect planner and address where an interested
Derson could call or visit to obtain additional information.
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Exhibit A
c. Timing. The City shall cause the required sign to be costed, at the owner's
expense, on the subiect property in accordance with Subsection B.2.d. below,
at least 15 days prior to the meeting or hearing. The sign shall remain until
action has been taken on the proiect and the appeal period has expired.
d. Location. The required sign shall be posted on the subiect property parallel to
the street or right-of-way within five feet of the front property line. In all
instances, the sign shall be located in an area most visible to the public. Signs
shall not be located in a manner that would impede safe sight distance for
automobiles. In cases where there is an existing structure on the subiect
property located closer than five feet from the front property line, the notice
may be posted inside a window or on a wall clearly visible from the public
right-of-wav or sidewalk.
3. Publication. Notice of any proposed rezoning or amendment to the Zoning
Ordinance shall be published at least once in a newspaper of general circulation at
least 15 days prior to the hearing.
4. Alternative to mailing. In the event that the number of propertv owners to
whom a notice would be mailed is greater than 1,000, the City may, as one
alternative to the notice required by Subsection B.I.a. through B.I.d. above, place
a displav advertisement of at least 1/8 page in a newspaper of general circulation
in the City at least 15 days prior to the hearing.
5. Additional notice. In addition to the types of notice and noticing radius required
above, the Community Development Director may provide any additional notice
or notice a wider radius as the Director determines is necessary or desirable.
6
Exhibit A
Re -number and amend existing Chapter 14.29 Enforcement contained in Title 14 Zonink
Ordinance as follows:
Chapter 14.3930 Enforcement
Sections:
14.2930.010
Specific Purposes
14.2130.020
Authority of Code Enforcement Office Established
14.2.930.030
Permits, Licenses, Certificates and Approvals
14.2930.040
Violations
14.2930.050
Each Day A Separate Violation
14.2130.060
Enforcement Actions
14.2-930.070
Revocation of Discretionary Permits
14.3930.010 Specific Purposes
This chapter establishes the authority of the Code Enforcement Office, and identifies
enforcement responsibilities, procedures and actions. Enforcement of the provisions of
this Title shall be diligently pursued in order to provide for their effective administration,
to ensure compliance with the terms and conditions of permit and license approvals, to
promote the City's planning efforts, and to protect the public health, safety and general
welfare.
14.3930.020 Authority of the Code Enforcement Office Established
The Code Enforcement Office is hereby established as a separate department or division
under the directorship of the Planning Department, with primary responsibility being
enforcement of the Zoning Ordinance. The Code Enforcement Office supports the
Planning Department, City Manager, City Attorney, Public Works Department, Building
Inspection Department, Finance Department and Police Department.
14.3930.030 Permits, Licenses, Certificates and Approvals
The Planning Director and/or Planning Commission may refuse to receive, file, process,
review, make recommendations on, hold hearings on, issue permits for, or otherwise take
action on any application under this Title if the site, structure and/or use involved in the
application is in violation of or will result in a violation of this Title or Municipal Code.
Any permit, zoning change, license or other action issued in conflict with the provisions
of this Title shall be null and void.
All departments, official and public employees of the City of San Rafael vested with the
duty or authority to issue permits or licenses shall conform to the provisions of this title;
and any such permit or license issued in conflict with the provisions of this Title shall be
null and void.
Exhibit A
14.2930.040 Violations
No person shall fail to comply with the terms and conditions of any permit or approval
issued pursuant to this Chapt Title or with any other ordinance relating to land use
development. This Section shall apply to any person, whether or not the person was the
original applicant for the permit or approval, and whether or not the person is the owner,
lessee, licensee, agent, or employee, if the person has notice of the terms and conditions
of the permit or approval.
14.2130.050 Each Day a Separate Violation
Each day during any portion of which a person violates the provisions of this Title or the
terms and conditions of any permit or approval shall constitute a separate violation.
14.2130.060 Enforcement Actions
In addition to any other remedy provided for by law, the following types of enforcement
action may be taken with respect to any violation of this Title or the terms and conditions
of any permit or approval:
A. The Code Enforcement Officer, Planning Director, or the Planning Director's
designated appointee(s) may institute proceedings as provided for in Section
14.2-930.070 (Revocation of Discretionary Permits) to revoke any permit or
approval.
B. The Code Enforcement Officer may issue a citation with fees as provided for in
Municipal Code Chapter 2.37.010.
C. The Code Enforcement Officer, Planning Director, Director of Public Works, City
Attorney or any other city official designated by the City Manager may institute
nuisance abatement proceedings as provided for in Municipal Code Chapters 1.16
and 1.20.
D. The City Attorney may prosecute as a misdemeanor Municipal Code violations, in
accordance with Municipal Code Section 1.12.010.
14.2130.070 Revocation of Discretionary Permits
A. Duties of Planniniz Commission. Upon determination by the Planning Director,
Planning Commission or City Council that there are reasonable grounds for
revocation or modification of a use pennit, variance, design review or other
discretionary approval authorized by this ordinance, a revocation hearing shall be
scheduled before the Planning Commission.
B. Notice and Public Hearing. Notice shall be given in the same manner required for
a public hearing to consider permit approval.
8
Exhibit A
C. Hearing. The Planning Commission shall hear and consider all relevant evidence,
objections and protests, and shall receive written and/or oral testimony from
owners, witnesses, city personnel and interested persons relative to such case and
to proposed modifications, rehabilitation, repair, demolition, or other abatement
appropriate under the legal powers of the city.
D. Decision and Notice. At the conclusion of the hearing, the Planning Commission
shall render a decision, and ensure that the owner or the owner's authorized
representative is notified of the decision and of the appeal process. If the owner
or the owner's authorized representative is not present at the meeting, the
Planning Commission shall send notice of the decision by certified mail to the
owner of the use or structure for which the permit was reviewed. Said notice
shall also include notice of the right to appeal the Planning Commission's
decision to the City Council.
E. Effective Date; Appeals. If the owner or the owner's authorized representative is
present at the revocation hearing, a decision to revoke a discretionary permit shall
become final five (5) working days after the date of the decision, unless appealed
to the City Council. In the event that the owner or the owner's authorized
representative in not present at the revocation hearing, a decision to revoke a
discretionary permit shall become final five (5) working days after notice of the
decision is received by the applicant through certified mail, unless appealed to the
City Council. Decisions made by the City Council on revocation hearings shall
be final.
F. Right Cumulative. The City's right to revoke a discretionary permit, as provided
in this section, shall be cumulative to any other remedy allowed by law.
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