HomeMy WebLinkAboutOrdinance 1794 (Governing Bodies)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. 1794 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE
MUNICIPAL CODE INCLUDING 1) TITLE 15 OF THE SAN RAFAEL
MUNICIPAL CODE TO ELIMINATE REFERENCES TO THE SUBDIVISION
COMMITTEE AS A DECISION-MAKING BODY; 2) SECTION 14.25.070 OF
THE SAN RAFAEL MUNICIPAL CODE TO ALLOW FOR APPOINTMENT OF
AN ALTERNATE MEMBER OF THE DESIGN REVIEW BOARD, AND 3) TITLE
12 OF THE SAN RAFAEL MUNICIPAL CODE TO REVISE THE NUMBER OF
COPIES OF CERTAIN UNIFORM CODES WHICH MUST BE MAINTAINED BY
THE CITY CLERK"
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 2nd day of December 2002, a
SUMMARY of Ordinance No. 1794 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 16th day of December, 2002, 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 December, 2002
h„ . (Seal)
JEAN M LEON INI, City Clerk
ORDINANCE NO. 1794
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE
MUNICIPAL CODE INCLUDING 1) TITLE 15 OF THE
SAN RAFAEL MUNICIPAL CODE TO ELIMINATE REFERENCES TO THE
SUBDIVISION COMMITTEE AS A DECISION-MAKING BODY; 2) SECTION
14.25.070 OF THE SAN RAFAEL MUNICIPAL CODE TO ALLOW FOR
APPOINTMENT OF AN ALTERNATE MEMBER OF THE DESIGN REVIEW
BOARD; AND 3) TITLE 12 OF THE SAN RAFAEL MUNICIPAL CODE TO
REVISE THE NUMBER OF COPIES OF CERTAIN UNIFORM CODES WHICH
MUST BE MAINTAINED BY THE CITY CLERK.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
WHEREAS, on August 19, 2002, the San Rafael City Council adopted Ordinance 1787, a
comprehensive update to the San Rafael Municipal Code Title 15 — Subdivisions (Subdivision
Ordinance); and
WHEREAS, Section 15.01.070 (Authority) of this title identifies the official bodies and officials
that have authority over administering the provisions and requirements of this title. Among the
official bodies is the Subdivision Committee, comprised of the Community Development
Director, City Engineer and the Chairperson of the Planning Commission, with decision-making
authority over Minor Subdivisions (subdivision of four or fewer lots), Lot Line Adjustments, Lot
Consolidations and Time Extensions to Tentative Maps; and
WHEREAS, following adoption of Ordinance 1787, it was determined that the Subdivision
Committee, an official body, should be replaced by one official serving in the same authoritative
role. In most communities the Community Development Director is the official that is assigned
to administer minor and ministerial subdivision applications; and
WHEREAS, amendments to Ordinance 1787 have been drafted to eliminate the Subdivision
Committee as an official body, with its role and function being replaced by the Community
Development Director, as provided in Division 1, below; and
WHEREAS, the amendments to the Subdivision Ordinance of the City of San Rafael, California,
Title 15 - Subdivisions of the San Rafael Municipal Code are based on the following findings:
The proposed amendments to delete the Subdivision Committee as an official body and
delegating the Committee's function and authority to the Community Development
Director would be consistent with the policies and programs of the San Rafael General
Plan 2000 that are pertinent to the City Subdivision Ordinance. This proposed
amendment would not change or impact the findings that were made in the recently
adopted Ordinance 1787, which found that the ordinance update would implement
General Plan Programs LU -d (Subdivision Ordinance), NE -b (Private Open Space), NE -
e (Water Quality) and S-1 (Erosion Control) by incorporating or updating provisions and
regulations that would address these policies and bring the ordinance into conformance
with the current provisions of the Subdivision Map Act.
2. The public health, safety and general welfare would not be impacted by the proposed
amendment to delete the Subdivision Committee as an official body. The amendment to
Ordinance 1787 would delegate the Subdivision Committee's function and role to the
Community Development Director, who would apply and administer the provisions and
requirements of the Subdivision Ordinance in an identical manner as the Subdivision
Committee; and
WHEREAS, Section 14.25.070 of the San Rafael Municipal Code sets forth the authority and
membership of the Design Review Board; and
WHEREAS, members appointed to the Design Review Board are often practicing architects
and design professionals who work in the community and may perform work for clients who are
applicants for design approvals for projects within the City of San Rafael, and in such situations
must declare a conflict of interest under state law and not participate in Board actions; and
WHEREAS, situations have arisen when a quorum of the five Design Review Board members
could not be achieved due to a conflict of interest among its members, resulting in delays to
application processing; and
WHEREAS, amendments to Section 14.25.070 have been drafted to allow the City Council to
appoint an alternate member of the Design Review Board to participate in application reviews
when such conflicts of interest prevent the attainment of a quorum of regular Board members
and as a means of training potential, future regular Board members, as provided in Division 2,
below; and
WHEREAS, Title 12 of the San Rafael Municipal Code establishes requirements for local
adoption of certain Uniform Codes; and
WHEREAS, this title requires that at least three copies of the adopted Uniform Codes be
retained in the office of the City Clerk; and
WHEREAS, the cost of purchasing such code revisions is substantial and the availability of
three copies of these codes is not warranted by the extent of public interest in reviewing such
code books; and
WHEREAS, amendments to Title 12 have been drafted to reduce the number of copies of the
Uniform Codes which are retained in the office of the City Clerk, as provided in Division 3,
below; and
WHEREAS, these amendments were considered by the Planning Commission at a noticed
public hearing on November 12, 2002, and recommended for adoption by the Commission; and
WHEREAS, it has been determined that these amendments are covered by the general rule
that the California Environmental Quality Act (CEQA) applies only to projects which have the
potential for causing a significant effect on the environment pursuant to CEQA Guidelines
Section 15061(b)(3), and are not subject to environmental review.
2
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT
MODIFICATIONS TO THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS:
DIVISION 1: San Rafael Municipal Code Title 15 — Subdivisions is hereby amended to read as
follows:
Chapter 15.01
General Provisions
Sections:
15.01.070 Authority.
(c) The Community Development Director has the authority to approve, conditionally
approve or deny an application for a Lot Line Adjustment or Lot Consolidation. The Community
Development Director or designee has the authority to approve, conditionally approve or deny a
Tentative Map or Vesting Tentative Map for a subdivision of four or fewer lots, except under
certain circumstances, as specified in Chapter 15.03 of this title. The Community Development
Director has the authority to approve a time extension to a Tentative Map, Vesting Tentative
Map, Lot Line Adjustment or Lot Consolidation that was initially approved by the Director.
15.01.140 Appeals.
(a) Any action of the Community Development Director can be appealed to the
Planning Commission. Appeals of Community Development Director actions shall be filed with
the Department of Community Development. Such appeals shall be scheduled for a public
hearing before an action by the Planning Commission. The Planning Commission may overrule
or modify the decision, determination or requirement cited in the appeal, and enter any such
order or orders as are in harmony with the spirit and purpose of this title. Planning Commission
action on the appeal shall be final, unless this action is appealed to the City Council.
(d) Appeals must be filed, in writing, within ten (10) calendar days of action by the
Planning Commission, Community Development Director or City Engineer. All appeals must be
accompanied by a filing fee and written statement as to the reasons for the appeal.
Chapter 15.03
Minor Subdivisions (four or fewer lots)
Sections:
15.03.050 Referral to Planning Commission.
When the Tentative Map application is determined to be complete, the Department of
Community Development shall determine if the minor subdivision application is to be reviewed
and acted on by the Community Development Director or the Planning Commission. All minor
subdivision applications shall be referred to the Planning Commission when:
15.03.060 Action by the Community Development Director.
The following procedures shall be implemented for Community Development Director
action on a minor subdivision application:
(a) The Department of Community Development shall prepare a written report to the
Community Development Director describing the minor subdivision. The written report shall
include a statement indicating whether the application is consistent with the San Rafael General
Plan and any applicable specific plan or neighborhood plan, and is in conformance with the
Zoning Ordinance (Title 14) and any other pertinent municipal ordinance or code provisions.
The report shall also contain the required findings and any conditions recommended for
approval.
(b) Upon completion of the written report to the Community Development Director a
notice shall be mailed to property owners within 300 feet of the subject property, pertinent utility
services and districts, neighborhood organizations and special interest groups, informing them
of the Community Development Director's intent to act on the application. The notice shall
indicate that the Community Development Director will take action on the application, on or after
the date, which is ten (10) days following the date of the notice.
(c) Following distribution of the notice, the Department of Community Development
shall distribute the written report and a copy of the Tentative Map to the City Engineer for
review and a recommendation to the Community Development Director. Following receipt of
the City Engineer's recommendation, the Community Development Director shall review the
written report and sign four (4) copies of the Tentative Map, if approved. Approval of the minor
subdivision by the Community Development Director shall not occur until after the 10 -day
courtesy review period has passed.
(d) Copies of the approved application forms and signed Tentative Map shall be
forwarded to the subdivider and/or property owner, once final action has been taken by the
Community Development Director.
15.03.070 Findings Required.
In approving, conditionally approving or denying an application for a minor subdivision,
the Community Development Director shall be required to make the same findings that are
required for a major subdivision, as specified under Section 15.02.080 of this title.
Chapter 15.05
Lot Line Adjustments and Consolidations
Sections:
15.05.040 Action by the Community Development Director
Action on all Lot Line Adjustment and Lot Consolidation applications shall be by the
Community Development Director, consistent with the following procedures:
The Department of Community Development shall prepare a written report to the
Community Development Director describing the Lot Line Adjustment or Lot Consolidation. The
written report shall include a statement indicating whether the application is consistent with the
San Rafael General Plan and any pertinent specific plan or neighborhood plan, is in
conformance with the Zoning Ordinance (Title 14) and any other pertinent municipal code
provisions, and is in conformance with the Uniform Building Code (UBC). The report may
contain conditions recommended for the approval of the application but shall not include any
requirements for on-site or off-site improvements, dedications or exactions. As a condition of
approval, the Community Development Director may establish time limits for the approval,
which shall be consistent with the time limits allowed for map approvals, as provided for in
Section 15.01.130 of this title.
4
Upon completion of the written report to the Community Development Director, a notice
shall be mailed to adjacent property owners informing them of the Community Development
Director's intent to act on the application. The notice shall indicate that the Community
Development Director will take action on the application, on or after the date, which is ten (10)
days following the date of the notice.
Following distribution of the courtesy notice, the Department of Community
Development shall distribute the written report and a copy of the plat map to the City Engineer
for review and a recommendation to the Community Development Director. Following receipt of
the City Engineer's recommendation, the Community Development Director shall review the
written report and sign four (4) copies of the plat map, if approved. Approval of the Lot Line
Adjustment or Consolidation by the Community Development Director shall not occur until after
the 10 -day courtesy review period has passed.
Copies of the approved application forms and signed plat maps shall be forwarded to
the property owner(s) and/or representative, once final action has been taken by the
Community Development Director.
Chapter 15.17
Corrections, Amendments and Modifications
15.17.010 Purpose.
(b) A recorded Final Map or Parcel Map may be modified through the preparation
and filing of an amended Final Map or Parcel Map, subject to the approval of either the
Planning Commission or the Community Development Director depending upon which official
body approved the Tentative Map.
15.17.020 Application and Process for Correction to Recorded Map.
(c) Upon the completion of review of the application, the Department of Community
Development shall forward the Certificate of Correction or the amended map to the City
Engineer for review and action. The City Engineer shall approve or deny the application, or
may refer the application to the Community Development Director or Planning Commission for
action.
15.17.030 Application and Process for Modification to Recorded Map.
(c) Upon the completion of review of the application, the Department of Community
Development shall proceed as follows:
(1) For modifications to a recorded Parcel Map initially approved by the
Community Development Director, the Department of Community Development shall provide
public notice to property owners within 300 feet, describing the modification and allowing a 10 -
day period for public review and comment. Following the public review period, the Community
Development Director shall approve or deny the modification, based on findings required for the
approval or denial of a Tentative Map, as required in Chapter 15.03 of this title.
5
Chapter 15.18
Definitions
Sections:
15.18.110 Community Development Director
15.18.120 Condominium.
15.18.130 Easement.
15.18.140 Environmental Subdivision.
15.18.150 Final Map.
15.18.160 Improvement.
15.18.170 Improvement Plans.
15.18.180 Lot.
15.18.190 Lot Line Adjustment and Consolidation.
15.18.200 Major Subdivision.
15.18.210 Minor Subdivision.
15.18.220 Merger.
15.18.230 Notice of Intent.
15.18.240 Notice of Merger.
15.18.250 Notice of Violation.
15.18.260 Parcel Map.
15.18.270 Plat Map.
15.18.280 Property Owner.
15.18.290 Record of Survey.
15.18.300 Restriction.
15.18.310 Reversion to Acreage.
15.18.320 Securities.
15.18.330 Stock Cooperative.
15.18.340 Subdivider.
15.18.350 Subdivision.
15.18.360 Subdivision Map Act.
15.18.110 Community Development Director
The person designated by the City Manager to serve as the Community Development
Director for the purpose of carrying out the functions and tasks required in this title.
DIVISION 2: Section 14.25.070 of the San Rafael Municipal Code is hereby amended to read
in its entirety as follows:
14.25.070 Design Review Board.
A. Purpose and Authority. The Design Review Board shall serve as an advisory body to
the city for the purpose of reviewing and formulating recommendations on all major physical
improvements requiring environmental and design review permits and on other design matters,
including minor physical improvements, referred to the Board by the Planning Director, Planning
Commission or City Council.
B. Membership of the Design Review Board. The Design Review Board shall consist of
a total of five (5) regular members and may include one alternate member appointed by the City
Council. The Design Review Board members shall be qualified as follows:
0
1. At least two (2) members shall be licensed architects or licensed building designers;
2. At least one (1) member shall be a licensed landscape architect;
3. At least one (1) of the five (5) members shall have background or experience in
urban design;
4. The alternate member may have qualifications in any of the above fields of expertise;
5. All Board members shall reside in the city of San Rafael; and
6. In addition to the five (5) Council -appointed Board members and one (1) alternate
member, one (1) Planning Commissioner shall attend board meetings. This liaison Planning
Commissioner shall be appointed by the Commission chairperson. An additional Commissioner
shall be appointed to serve as an "alternate liaison" in case of absence. The Planning
Commission liaison should be present at all Design Review Board meetings to offer advice and
direction to the Board on matters of Commission concern.
C. Alternate Member. In order to ensure a quorum membership, the alternate member
may temporarily fill a vacancy created when a regular member 1) leaves office prior to
completion of the member's term, or 2) cannot attend a meeting or 3) cannot participate on a
particular matter due to a conflict of interest.
D. Term of Office. The term of office for each Design Review Board member shall be
four (4) years. Of the members of the board first appointed, one (1) shall be appointed for the
term of one (1) year; one (1) for the term of two (2) years; one (1) for the term of three (3)
years; and two (2) for the term of four (4) years. The term of office for the alternate Board
member shall be four (4) years concurrent with the term of the chairperson.
E. Removal or Vacancy of Membership. Any member of the Board or the alternate
member can be removed at any time by a majority vote by the City Council. A vacancy shall be
filled in the same manner as the original appointment. The person appointed to fill a vacancy
shall serve for the remainder of the unexpired term.
F. Meetings. At least one (1) regular Design Review Board meeting shall be held each
month on a date selected by the board, unless there is no business to conduct.
G. Quorum. Three (3) of the members of the Board, either regular members or two (2)
regular members and the alternate board member, shall be required to constitute a quorum for
the transaction of the business of the Board and the affirmation vote of a majority of those
present is required to take any action.
H. Compensation of the Design Review Board. All members of the Board shall serve as
such without compensation.
DIVISION 3: Title 12 — Building Regulations of the San Rafael Municipal Code is hereby
amended to read as follows:
12.26.010 Adoption of Uniform Housing Code, 1997 Edition, with amendments.
The City Council adopts, for the purpose of providing minimum requirements for the protection
of life, limb, health, property, safety, and the general welfare of the general public, that certain
code known as the Uniform Housing Code, 1997 Edition as published by the International
Conference of Building Officials, hereinafter "Uniform Housing Code," save and except such
portions as are hereinafter changed, added thereto, or amended by Section 12.26.020 of this
chapter. Not less than one (1) copy of said code shall be maintained by the office of the City
Clerk.
12.28.010 Adoption of Uniform Code for Abatement of Dangerous Buildings, 1997
Edition, with amendments.
The City Council adopts, for the purpose of providing a just, equitable and practicable method
whereby buildings or structures which endanger the life, limb, health, morals, property, safety or
welfare of the general public or their occupants, may be required to be repaired, vacated, or
demolished, that certain code known as the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, as published by the International Conference of Building Officials,
hereinafter "Uniform Code for the Abatement of Dangerous Buildings," save and except such
portions as are hereinafter changed, added thereto, or amended by Section 12.28.020 of this
chapter. Not less than one (1) copy of said code shall be maintained by the office of the City
Clerk.
12.32.010 Adoption of Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition,
with amendments.
The City Council adopts, for the purpose of providing minimum requirements for the protection
of life, limb, health, property, safety, and the general welfare of the general public, that certain
code known as the Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition, as published
by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive
South, Walnut, CA 91789-2825, hereinafter "Uniform Swimming Pool, Spa and Hot Tub Code,"
save and except such portions as are hereinafter changed, added thereto, or amended by
Section 12.32.020 of this chapter. Not less than one (1) copy of said code shall be maintained
by the office of the City Clerk.
DIVISION 4:
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 Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 5:
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 Council
meeting at which it is adopted.
The 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 the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published in the City of San Rafael,
County of Marin, State of California.
[3
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.
/ ALBERT ORO, Mayor
ATTEST:
�¢
JEA NE M. LEONCINI, City Clerk
The foregoing Ordinance No. 1794 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, California, held on the 2nd day of December, 2002, and
ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & 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 the 16th day of December, 2002.
JEA NAd M ONCINI, City Clerk
0