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HomeMy WebLinkAboutCC Resolution 10306 (Landslide Repairs)RESOLUTION NO. 10.306 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING A LOCAL EMERGENCY IN THE SUN VALLEY OPEN SPACE LANDS BELOW CRESTWOOD DRIVE, AND AUTHORIZING DEVIATIONS FROM THE ZONING ORDINANCE TO PERMIT THE MARIN COUNTY OPEN SPACE DISTRICT TO BEGIN IMMEDIATE LANDSLIDE REPAIRS. WHEREAS, the City Council of the City of San Rafael adopted a Proclamation of Existence of Local Emergency on February 9, 1998, pursuant to San Rafael Municipal Code Section 7.12.020, in connection with the heavy rains that fell in the City between February 2-8, 1998; and WHEREAS, a landslide movement began to occur during this heavy rainfall period on the Marin County Open Space District's Sun Valley Open Space lands located below Crestwood Drive in San Rafael; and WHEREAS, geotechnical experts for the various interested parties have conducted geotechnical studies, prepared reports, and rendered opinions that the aforementioned landslide movement is continuing and will accelerate during the coming rainy season, and will likely cause two or more residences on Crestwood Drive to slide down the hillside on to the Open Space lands unless landslide repairs are initiated on an immediate and expedited basis; and WHEREAS, the Marin County Open Space District has indicated that it will undertake, on behalf of itself and the adjacent property owners on Crestwood Drive, the necessary landslide repair work on the Open Space Lands and adjacent private properties on an immediate and expedited basis in order to protect persons, and private and public properties, from the imminent peril posed by further landslide movement during the coming rainy season; and WHEREAS, the geotechnical experts have indicated that the necessary landslide repairs will involve significant grading work and the installation of subsurface drains, which work would otherwise trigger the requirement for an Environmental Design Review Permit and a Use Permit under the City's Zoning Ordinance; and WHEREAS, the time needed to process applications for and obtain the aforementioned permits under the City's Zoning Ordinance, could unduly delay and thereby jeopardize the Marin County Open Space District's ability to complete the landslide repairs that would need to be completed before the rainy season; and WHEREAS, San Rafael Municipal Code Section 14.02.020(H) provides that the City Council may authorize deviation from any provision of the City's Zoning Ordinance during a local emergency, by adoption of a Resolution without notice or public hearing. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: 1. That the above recitals are found to be true and this Resolution is based upon said recitals and the stated opinion evidence supporting same. 2. That pursuant to San Rafael Municipal Code Section 14.02.020(H), a local emergency is declared to exist on the Marin County Open Space District's Sun Valley Open Space Lands and adjacent private properties on Crestwood Drive, due to the existence of continuing landslide movement thereon that poses an imminent peril to persons and public and private property if not expeditiously repaired before the coming rainy season. 3. That pursuant to San Rafael Municipal Code Section 14.02.020(H), a deviation from the requirements of the City's Zoning Ordinance is approved in order to accommodate immediate and expeditious landslide repairs by the Marin County Open Space District, on the Sun Valley Open Space lands and adjacent private properties, to wit the requirement for an Environmental and Design Review Permit and a Use Permit for such landslide repairs is hereby waived, provided that in order to protect public health and safety, the City Council recommends that staff impose the following conditions in granting any building, grading, or other permits and approvals issued to the Marin County Open Space District, its contractors, or agents: A. That operation of heavy equipment and trucks shall be prohibited between the hours of 7:00 p.m. and 6 a.m., Monday through Saturday, and between 7:00 p.m. and 9:00 a.m., on Sunday. B. That traffic control measures approved by the City's Traffic Engineer shall be undertaken in connection with any trucks moving on City streets in connection with the landslide repair work. C. That if necessary, City streets affected by the movement of trucks carrying cut and fill materials in connection with the landslide repairs, shall be cleaned to the satisfaction of the City Engineer at the end (Friday) of each week during the landslide repair operation. D. That a written notice describing the nature of the work, the hours of operation, and the timetable for the landslide repairs, shall be distributed to all the properties located in the Rafael Highlands neighborhood and to the affected Neighborhood Association(s) at least 48 hours in advance of the commencement of such landslide repair operations, which notice shall specify the telephone hot line number to be established, which can be called during the operational hours specified in (A) to register complaints which shall be responded to within a reasonably short period of time, not to exceed 48 hours. E. That City representatives shall be allowed to access the site of the landslide repairs at all times that such repairs are being made. 2 F. That the City Engineer and/or City Manager, or their designees, are authorized to modify the above recommended conditions to impose additional or substitute conditions, as circumstances warrant. 4. That the action taken herein, and any other permits or approvals hereafter approved by the City in furtherance of this action, are hereby deemed exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(4), and 14 California Code of Regulations Section 15269(c). The foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 8th day of SEPTEMBER , 1998, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller and Vice -Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Boro 3 JEA M LEON Il -] 1,City Clerk