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HomeMy WebLinkAboutOrdinance 1647 (Amending Zoning)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. 1647 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14 (ZONING ORDINANCE), ADDING SECTION 14.02.020J, AND AMENDING CHAPTER 15 (SUBDIVISION ORDINANCE) ADDING SECTION 15.04.080" 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 6th day of JULY , 1993, 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 19th day of JULY , 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 22nd day of JULY , 1993. JEANN LEONCINI�,ity rk ORDINANCE NO. 16 4 7 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14 (ZONING ORDINANCE), ADDING SECTION 14.02.020J, AND AMENDING CHAPTER 15 (SUBDIVISION ORDINANCE) ADDING SECTION 15.04.080 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, the City of San Rafael seeks to streamline Planning Department permit review procedures; and, WHEREAS, the San Rafael Planning Commission has held a duly -noticed public hearing on the proposed amendments as required by State law and has considered all written correspondence, verbal testimony and the staff report relevant to the proposed amendments, and recommended to the San Rafael City Council the amendments below; and WHEREAS, the San Rafael City Council finds that the proposed amendments to the Zoning Ordinance and the Subdivision Ordinance are consistent with the San Rafael General Plan 2000 in that the General Plan contains no goals, policies or programs that conflict with the proposed amendments, and in that the General Plan "Summary of the Plan" states that the General Plan should provide clear indication of City policies, standards and future actions. This amendment helps clarify policies, standards and future actions of the City by providing clearer procedural guidance in the Zoning and Subdivision Ordinance; and, WHEREAS, the San Rafael City Council finds that the public health, safety and general welfare are served by a process that clarifies procedures for City actions, makes the most efficient use of staff and resources, and does not compromise the ability of the public to be heard before both the Planning Commission and City Council. ORIGINAL ,00 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1 Amendments. Chapter 14 of the San Rafael Municipal Code is hereby amended to add a new section 14.02.020J to read as follows: 14.02.020) Multiple development permit applications. Where a single development project seeks multiple development permit approvals, some of which require Planning Commission approval and others of which may only be approved by the City Council, the following procedure shall obtain. The Planning Commission shall conduct a public hearing(s) on all such multiple permit applications, together with appropriate environmental documents and shall recommend action to the City Council, which shall have exclusive and final approval authority over such multiple permit applications, and which shall pass on the sufficiency of the appropriate environmental documents related to said applications. The provisions of this section shall supersede any Zoning Ordinance, Subdivision Ordinance, development application policy and/or provision of the city's Environmental Assessment Procedures Manual to the contrary; provided, however, that nothing contained in this section shall modify or affect in any way the public notice and public hearing requirements related to processing of General Plan amendments, Environmental and Design Review Permit applications, Trip Permit applications, Use Permit applications, subdivision applications, Zoning Ordinance amendment applications, and/or any other discretionary development application, and any findings requirements applicable to the Planning Commission in connection with such matters shall be requirements of the City Council and not the Planning Commission. Chapter 15 of the San Rafael Municipal Code is hereby amended to add a new section 15.04.080 to read as follows: 15.04.080 Multiple development permit applications. The permit processing procedures contained in section 14.02.020) of the Zoning Ordinance shall be applicable to the processing of a Tentative Subdivision Map application when such application is included with multiple development permit approval requests, some of which require Planning Commission approval and others of which may only be approved by the City Council. DIVISION 2 Separability. If any section, subsection, sentence, clause or phrase in these amendments is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portion of the ordinance. The City Council declares that it would have passed the amendments 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 3 Applicability to Pending Projects. This ordinance shall apply to any project seeking multiple development permit approvals which has not commenced hearing before the Planning Commission at the time this Ordinance is passed to print. DIVISION 4 Publication. This Ordinance will be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. �qR A BEAT J. B O, Mayor ATTEST: JE M. LEONMI, City Clerk The foregoing Ordinance No. 1647 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Tuesday, July 6, 1993, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey 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 Monday, July 19, 1993. JE E M. LEONC I, City Clerk