HomeMy WebLinkAboutResolution No. 5413RESOLUTION NO. 5413
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING PROCEDURES FOR IMPLEMENTATION OF ZONING ADMINISTRATOR
WHEREAS, the City Council of the City of San Rafael has,
by Ordinance No. 1289 created the position of Zoning Administrator
to perform various duties and responsibilities pursuant to provisions
of the Zoning Ordinance; and
WHEREAS, as a further refinement of said position, the
City Council finds and deems it necessary and expedient to adopt,
by Resolution, Zoning Administrator Rules of Procedure, which are
attached and incorporated herein as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF SAN RAFAEL that those Zoning Administrator Rules of Procedure,
attached as Exhibit "A" are hereby adopted.
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 held on Monday the sixth day of February •
1978, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mi s ki men, Mul ryan and Mayor Betti ni
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
YE -WE M. LEONCINI, City Clerk
EXHIBIT "A"
CITY OF SAN RAFAEL
ZONING ADMINISTRATOR RULES OF PROCEDURE
A. GENERAL
The Zoning Administrator shall be responsible for processing and deciding
upon applications for all items listed in Chapter 14.82.03 of the Zoning
Ordinance. An applicant will be required to submit an application form
accompanied by the information and exhibits needed, and pay a processing
fee. The Zoning Administrator shall hold regularly scheduled meetings.
Notification of the meeting shall be given to the public and applicant
five (5) days in advance of the meeting. At the meeting, the Zoning
Administrator shall make a decision regarding an application, stating
findings and including such in a minute record. All decisions of the
Zoning Administrator may be appealed to the Planning Commission.
B. APPLICATION PROCESSING
1. Application:
A completed application (Planning Form No. 3) for all items listed
in Section 14.82.03 shall be submitted in triplicate.
2. Exhibits:
The submittal check list (Planning Form No. 36) indicates the
exhibits that must accompany the various applications to the Zoning
Administrator. Only three copies of the site plan and any necessary
architectural elevations need be submitted.
3. Direct Referral to Planning Commission:
If in the opinion of the Planning Director, an application for any
of the items listed in Section 14.82.03 are of such complexity or
community -wide impact that time would be saved and the public interest
better served by directly referring the matter to the Planning
Commission for a decision, he may file with the Zoning Administrator
such written determination; and the application shall be processed
for and set on the agenda of the Planning Commission in lieu of being
heard by the Zoning Administrator.
4. Notification:
Five (5) days prior to each Zoning Administrator meeting, a notice of
the meeting and the applications to be considered shall be sent to the
applicant, all contiguous property owners, the local homeowners assoc-
iations, and other interested or affected persons in accordance with
the approved notification procedures of the City of San Rafael. In
addition to this notification, notices may also be posted in the vicinity
of the applicant's project address.
C. MEETINGS
The Zoning Administrator shall hold regularly scheduled meetings each month.
An agenda shall be prepared noting all items to be considered at the meeting.
The agenda shall be available to the public in the Planning Department office
and distributed to the Mayor and City Council, Planning Commission, City Clerk
and City Manager no less than 3 days prior to the meeting.
At the meeting all correspondence received shall be noted. The applicant shall
have the right to present additional information regarding the application.
Any other person may ask questions or present information regarding the appli-
cation. At the conclusion of the presentation and discussion, the Zoning
Administrator shall decide on the application, informing the applicant and all
interested parties in attendance at the meeting of the findings and decision
on the application, any conditions made a part of that decision, and the
appeal procedure.
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Do FINDINGS AND DECISION
The Zoning Administrator, after hearing an application, shall have the power
to approve, approve with conditions, deny, continue or refer to the Planning
Commission any application for an item listed in Zoning Ordinance Section
14.82.03. All final decisions of the Zoning Administrator shall be supported
by "findings" indicating the reasons why a decision was rendered. The findings
shall be made in accordance with information compiled during the processing
and review of the application. Findings and the decision of the Zoning
Administrator shall be recorded in the minutes of the meeting.
The results of the meeting shall be available to the public immediately upon
conclusion of the meeting. Minutes of the meeting shall be distributed to
the Mayor and City Council, Planning Commission, City Manager and City Clerk
within 24 hours of completion of the meeting.
E. APPEALS TO THE PLANNING COMMISSION
If the applicant or any other person is not satisfied with the decision of
the Zoning Administrator, that person may, within five days of the decision,
appeal in writing to the Planning Commission. The appeal shall set forth the
basis upon which the appeal is made and all relevant factors. It shall be
addressed to the Planning Commission and shall be filed in the Planning
Department within said five-day period.
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