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HomeMy WebLinkAboutOrdinance 1571 (Group Care Facilities)ORDINANCE NO. 1571 AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL EXTENDING AND AMENDING ORDINANCE NUMBER 1567 PROHIBITING ANY USES THAT MAY BE IN CONFLICT WITH A CONTEMPLATED -ZONING PROPOSAL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858, CONCERNING THE ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS FOR GROUP CARE FACILITIES THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Pursuant to the provisions of California Government Code Section 65858, the City Council of the City of San Rafael does hereby extend and modify interim urgency Ordinance No. 1567 prohibiting any uses that may be in conflict with a contemplated zoning proposal concerning the acceptance and processing of new ap- plications for group care facilities as defined hereinbelow. Ordinance No. 1567 is hereby extended to April 1, 1990 provided, however, that after notice and public hearing the City Council may, by a four-fifths (4/5ths) vote extend this interim ur- gency ordinance for such further period of time as permitted by Government Code Section 65858. GROUP CARE FACILITY is a facility which provides resident services to seven (7) or more individuals of whom one or more are unrelated or provides resident and outpatient services. These in- dividuals are handicapped, aged, or disabled, are undergoing rehabilitation and are provided services to meet their needs. This category includes uses, licensed or supervised by any Federal, State or County health/welfare agency, such as group homes (all ages), halfway houses, resident schools, resident facilities and foster or boarding homes. DIVISION 2. This ordinance is declared to be an urgency or- dinance enacted for the preservation of the public health, safety, or welfare, and shall therefore go into effect immediately upon its adoption. The basis and justification for the adoption of this or- dinance are as follows: ORIGINAL Government Code §65858 provides for the adoption of urgency ordinances prohibiting any uses which may conflict or be inimical with a contemplated zoning proposal to be undertaken by a local agency within a reasonable time. Since adoption of Urgency Ordinance No. 1567, the City Council has created a task force including two City Council members, two Planning Commissioners, and four citizen appointees for the pur- pose of reviewing collected data and research and leading to the preparation of an ordinance containing standards and guidelines for acceptance and processing of new applications for group care facilities. Issues to be addressed by this task force include, but are not limited to: (1) assessing the impact of such group care facilities on various City neighborhoods; (2) assessing the present concentration of such facilities within the City of San Rafael; and (3) making recommendations concerning the creation of a set of stan- dards and guidelines to be utilized in the processing of new applications for such group care facilities. In addition to studying the land -use impacts associated with location of such group care facilities within the City, the City also intends to update its cur- rent inventory of such group care facilities located throughout the County of Marin. By virtue of the matters set forth hereinabove, the City Council found on August 7, 1989 that there exists and does hereby find that there continues to exist a current and immediate threat to the public health, safety or welfare in that the acceptance and processing of new applications for group care facilities could well result in the processing and approval of land -use permits for such facilities which would create irreversible adverse impacts on residential neighborhoods located within the City, be inconsistent with standards and guidelines contained in the contemplated zoning proposal to be studied by the City and result in a potential over - concentration of such facilities within the City. DIVISION 3. Notwithstanding any other provisions of the San Rafael Municipal Code or any other ordinances or regulations of the WAS City of San Rafael to the contrary, no new applications for group care facilities or temporary shelters for the homeless shall be ac- cepted, processed, approved or granted while this ordinance remains in effect. Provided, however, that these restrictions shall not ap- ply to the following: (a) Time extensions for previously approved permits for group care facilities where no change in use is re- quested. (b) Applications for group care facilities or temporary shelters for the homeless received by the City prior to August 7, 1989 and currently under review by Planning staff. DIVISION 4. Except for facilities specifically exempted hereinabove under DIVISION 3, City staff shall not accept applica- tions for group care facilities from and after August 7, 1989; the date of adoption of Ordinance 1567 and for so long as this ordinance shall remain in full force and effect. DIVISION 5. Any administrative determination made by the Planning Director concerning issuance of planning approvals/permits described in DIVISION 3 above may be appealed to the Planning Commission. Planning Commission determinations may be appealed to the City Council. The decision of the City Council on hearing any said appeal shall be final. DIVISION 6. 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 City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence clause of phrase thereof, irrespective of the fact that any one or more sec- tions, subsections, sentences, clauses or phrases be declared invalid. Isis DIVISION 7. This ordinance is hereby declared to be an ur- gency measure and shall be in force and effect immediately upon its adoption. Within fifteen (15) days after adoption, this ordinance shall be published with the names of the members voting for or against the same, at least once in a newspaper of general circula- tion, published in the City of San Rafael. 106 LAWRENCE E. MULRYA�ayor Attest: JE M. LEONC NI, City Clerk STATE OF CALIFORNIA ) COUNTY OF MARIN ) ss. CITY OF SAN RAFAEL ) I Jeanne M. Leoncini, City Clerk of the City of San Rafael, certify the foregoing ordinance was passed by the City Council of the City of San Rafael, California, by a vote of four-fifths (4/5ths) at a regular meeting held on the 18th of September, 1989, by the follow- ing vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE�M.ONCIN, City C erk -4-