HomeMy WebLinkAboutOrdinance 1878 (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. 1878 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
SAN RAFAEL MUNICIPAL CODE TITLE 15 — SUBDIVISIONS BY ADDING SECTION
15.01.155 TO ADDRESS AUTOMATIC EXTENSIONS PROVIDED BY THE STATE
LEGISLATURE TO APPROVED SUBDIVISION MAPS AND RELATED PLANNING AND
LAND USE APPROVALS
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 19th day of October, 2009,
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 2"a day of November,
2009, 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
5th day of November, 2009
G • F�'e"Q'
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1878
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 15 — SUBDIVISIONS BY
ADDING SECTION 15.01.155 TO ADDRESS AUTOMATIC EXTENSIONS PROVIDED
BY THE STATE LEGISLATURE TO APPROVED SUBDIVISION MAPS AND
RELATED PLANNING AND LAND USE APPROVALS
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 grant 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 Governor amending Government Code Section
66452.21 of the Subdivision Map Act. Phis amendment to Government Code Section 66452.21
authorized 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 applied to approved
and valid subdivisions only and did 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, on December 1, 2008 the City Council adopted Ordinance No. 1869 adding
new Section 15.01.150 to the San Rafael Municipal Code Title 15 — Subdivisions 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 simultaneously for the same
development project; and
WHEREAS, in view of the State's continuing economic problems, on July 15, 2009 the
State Legislature adopted and the Governor signed Assembly Bill 333 which granted a new, 24 -
month Statewide extension to approved and valid -tentative Maps and Vesting Tentative Maps;
and
WHEREAS, the City Council wishes to ensure that the provisions of the San Rafael
Municipal Code affecting the expiration dates of subdivisions and related planning and land use
approvals remain consistent with any automatic extensions to subdivision maps enacted by the
State Legislature, such as Assembly Bill 333; and
WHEREAS, the amendment to the San Rafael Municipal Code effected by this
Ordinance does not propose any changes to City policies or regulations that would result in a
direct or indirect physical, environmental impact; therefore 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 September 15, 2009, 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, and
recommended to the City Council the approval of the amendment, excluding the recommendation
to incorporate property maintenance provisions; and
WHEREAS, on October 19, 2009, 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 Department; and
WHEREAS, the City Council hereby finds that the proposed amendment to San Rafael
Municipal Code Title 15 - Subdivisions adding Section 15.01.155 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; and
WI IF:REAS, the Code amendment would acknowledge statewide extensions 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.
NOW, THEREFORE, THE CITY COUNCIL. OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1.
San Rafael Municipal Code Title 15 - Subdivisions (Subdivision Ordinance) is hereby amended
to add new Section 15.01.155 to read as follows:
15.01.155. Effect of future automatic extension of time limits by State
Legislature for map approvals and mutual extension of related land use
entitlements.
In the event that additional automatic extensions to approved and valid Tentative
Maps and Vesting Tentative Maps are enacted by the State Legislature
subsequent to July 15, 2008, including but not limited to the extensions enacted
by Assembly Bill 333 on July 15, 2009, the extensions granted by Section
15.01.150 of this Code shall be further extended to match such extensions
granted by the State Legislature. At the discretion of the Community
Development Director, the extension of the City land use entitlements authorized
herein may be conditioned upon compliance with interim property maintenance
2
requirements such as weed abatement, site fencing for security and graffiti
control, where deemed appropriate and necessary.
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 once in full before its final passage in a newspaper of general
circulation published and circulated in the City of San Rafael, County of Marin, State of
California and shall be in full force and effect 30 days after its final passage.
xa—�-�
ERt J. BORO, Mayor
ATTEST:
1Z5 t4-ZA
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1878 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on October 19, 2009, 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 2"d day of November 2009.
ESTHER C. BE-'IRNE, City Clerk
S13333.Ord inance 10-19-09