HomeMy WebLinkAboutOrdinance 1869 (Extensions to Subdivision Maps)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, 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. 1869 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING TITLE 15 — SUBDIVISIONS ADDING SECTION 15.01.150 TO ADDRESS
A ONE-YEAR TIME EXTENSION TO APPROVED SUBDIVISION MAPS AND
RELATED PLANNING AND LAND USE APPROVALS (P08-006)"
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 17th day of November, 2008,
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 1 st day of December,
2008, by the following vote, to wit:
AYES COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
2nd day of December, 2008
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING TITLE 15 — SUBDIVISIONS ADDING SECTION 15.01.150 TO ADDRESS
A ONE-YEAR TIME EXTENSION TO APPROVED SUBDIVISION MAPS
AND RELATED PLANNING AND LAND USE APPROVALS
(P08-006)
WHEREAS, San Rafael Municipal Code (SRMC) Title 15 (Subdivisions), specifically,
Section 15.01.130 sets forth time limits for approved subdivision maps. The time limit provisions
of this code section grants an initial Tentative Map or Vesting Tentative Map approval period of
24 months, with allowances for time extensions for a period of up to five years. These provisions
mirror the time limits set forth in the State of California Subdivision Map Act (Government Code
Section 66463.5); and
WHEREAS, in response to the current, depressed real estate market in California, on July
15, 2008, Senate Bill 1185 was signed by the State Governor amending Government Code
Section 66452.21 (Subdivision Map Act). The amendment to Government Code Section
66452.21 authorizes a Statewide, one-year time extension to approved and valid Tentative Maps
and Vesting Tentative Maps; and
WHEREAS, the amendment to Government Code Section 66452.21 applies to approved
and valid subdivisions only and does not extend the approvals of other, related land use and
planning permits that may have been simultaneously granted with a subdivision map for a
specific development project; and
WHEREAS, the City of San Rafael Municipal Code provisions and processing policies
encourage, and in some cases mandate concurrent and simultaneous processing of subdivision
maps with other necessary planning and land use applications (e.g., Environmental and Design
Review Permit, Conditional Use Permit). Therefore, most of the approved and valid subdivision
maps include related planning approvals that share common approval dates, valid time limits and
expiration dates for entitlement tracking and construction scheduling; and
WHEREAS, the City has determined that an amendment to San Rafael Municipal Code
Title 15 — Subdivisions is necessary to acknowledge the State -approved automatic time extension
for valid subdivision maps and to afford this same extension to related planning and land use
approvals granted for the same development project. Consequently, San Rafael Municipal Code
Section 15.01.150 (One-time extension of time limits for map approvals and mutual extension of
related land use entitlements) has been drafted to address this amendment. A complete copy of
the draft ordinance amendment is on file with the Community Development Department; and
WHEREAS, upon review of the draft ordinance amendment, it was determined that it
does not propose any changes to City policies or regulations that would result in a direct or
indirect physical, environmental impact. As a result, it has been determined that this ordinance
amendment is 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 is not subject to
environmental review; and
WHEREAS, on October 14, 2008, the Planning Commission held a duly -noticed public
hearing on the proposed amendment to the San Rafael Municipal Code, Title 15, accepting all
public testimony and the written report of the Department of Community Development. On a 5-
0-2 vote (Kirchmann abstaining and Pick absent), the Planning Commission adopted Resolution
No. 08-23 and recommended to the City Council the approval of the ordinance amendment
adding Code Section 15.01.150; and
WHEREAS, on November 17, 2008 the City Council held a duly noticed public hearing
to consider the proposed ordinance amendment and considered all oral and written public
testimony and the written report of the Community Development Depaitment; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael
hereby makes the following findings in considering the amendment to add Section 15.01.150 of
the San Rafael Municipal Code:
The proposed amendment to Title 15 — Subdivisions is consistent with the San Rafael
General Plan 2020 in that it: a) would acknowledge and provide a time extension to valid
subdivision maps and related planning and land use approvals for development projects
that have already been reviewed by the City and determined to be consistent with the
General Plan policies and goals; b) would not result in any direct or indirect physical,
environmental impacts that would have the potential to conflict with any policies and
goals of the General Plan; and c) would indirectly respond to and be consistent with the
Economic Vitality Element of the General Plan, specifically Policies EV -4 (Local
Economic and Community Impacts) and EV -16 (Partnership for Infill Development) by
assisting applicants and property owners in maintaining their project approvals during
challenged economic times.
The ordinance amendment would acknowledge a statewide, one-year extension to
approved subdivision maps and would afford this extension to related planning and land
use approvals, which would serve the public health, safety and general welfare of the
community by: a) ensuring that current project approvals remain valid and in effect
during the current, challenged economic times; b) avoiding an unnecessary and onerous
time extension process that would typically be required by applicants and property
owners; and c) avoiding internal inconsistencies in the valid time limits and expiration
dates for subdivision maps and related planning approvals issued for one project, thus
ensuring consistent entitlement tracking and construction scheduling.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS
FOLLOWS:
DIVISION 1.
The City Council of the City of San Rafael hereby amends the San Rafael Municipal Code Title
15 — Subdivisions (Subdivision Ordinance) to add new Section 15.01.150 to read as follows:
"15.01.150. One-time extension of time limits for map approvals
and mutual extension of related land use entitlements.
Per the July 15, 2008, State -enacted amendments to Government Code
Section 66452.21, provisions for a one-time extension to approved and valid
Tentative Maps and Vesting Tentative Maps are established as follows:
(a) The expiration date of any Tentative Map or Vesting Tentative
Map, and related land use entitlement(s) granted simultaneous to the approved
map, which have been approved and are valid as of July 15, 2008, and will
expire before January 1, 2011, shall be extended by 12 months.
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in San Rafael Municipal
Code Section 15.01.130, or Government Code Sections 66452.6, 66452.11,
66452.13 or 66463.5.
(c) The extension set forth in subdivision (a) of this section applies
to: 1) major subdivision maps of five parcels or greater; 2) minor subdivision
and parcel maps of four parcels or fewer; and 3) all other land use entitlements
and approvals required by Title 14 (Zoning) of this code that were granted in
connection and concurrent with the original grant of approval to the subdivision
maps
(d) In determining whether an approved Tentative Map or Vesting
Tentative Map expires before January 1, 2011, the provisions of Government
Code Sections 66463.5(e) and 66452.6 shall apply. The provisions of these
Government Code sections pertain to the effective terms of the map approval in
the event of a moratorium or lawsuit."
DIVISION 2.
If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held
to be invalid, such decision shall not affect the validity of the remaining portions of this added
ordinance section.
DIVISION 3.
This Ordinance shall be published and a certified copy of this ordinance amendment 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.
This ordinance amendment shall be in full force and effect thirty (30) days after its final passage,
and 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 amendment along with the names of those
Councilmembers voting for or against the amendment.
1 ALB IT J. B RO, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1869 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Monday, the 17th day of November, 2008, and was ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & 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 Is' day of December, 2008.
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ESTHER C. BEIRNE, City Clerk