HomeMy WebLinkAboutOrdinance 1529 (Contemplated General Plan Amendment)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. 1529 entitled:
"AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL EXTENDING
AND MODIFYING ORDINANCE NUMBER 1524, PROHIBITING ANY USES THAT MAY
BE IN CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND
ATTENDANT ZONING PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 65858"
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 -Third day of
March , 1986, published as required by City Charter in the
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 Third day of March 1986, by the following
vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
WITNESS my hand and the official seal
of the City of San Rafael this
gPZTPni-PPnth day of March ,
19-a.6.
JE E M. LEONC�N Ci e r k
ty Cl
ORDINANCE NO. 1529
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL
EXTENDING AND MODIFYING ORDINANCE NUMBER 1524, PROHIBITING
ANY USES THAT MAY BE IN CONFLICT WITH A CONTEMPLATED GENERAL
PLAN AMENDMENT AND ATTENDANT ZONING PROPOSALS PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858
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. 1524 adopted on January 20, 1986, prohibiting
any uses that may be in conflict with the ongoing and contemplated
revision of the San Rafael General Plan and any necessary and
attendant zoning and Subdivision Ordinance amendments required
in connection therewith.
Ordinance No. 1524 is hereby extended to September
8, 1986, and amended as herein set forth, provided, however,
that after notice and public hearing the City Council may by
a four-fifths (4/5ths) vote extend this interim urgency ordinance
for such period of time as permitted by Government Code Section
65858.
DIVISION 2. This ordinance is declared to be an
urgency ordinance 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 ordinance are as follows: there exists
a current and immediate threat to the public health, safety
or welfare unless building and development within the City
of San Rafael is temporarily restricted during the conduct
of studies and the ongoing revision of the San Rafael General
Plan and any necessary and attendant Zoning and Subdivision
Ordinance amendments required in connection therewith. The
City of San Rafael for some time prior to adoption of urgency
Ordinance No. 1524 and this Ordinance extending and modifying
Ordinance No. 1524 has been revising its General Plan through
preparation of the Draft East San Rafael Neighborhood Plan
and detailed staff recommendations for revisions to the Northgate
Activity Center Plan. Additionally, in April 1985, the City
Council of the City of Sar. Rafael authorized expenditure of
funds in addition to the approved Planning Department budget
in order to permit revision of the San Rafael General Plan
to proceed in a more timely and expeditious manner.
The General Plan revision work undertaken prior to
January 20, 1986 had revealed that significant additional traffic
improvements and/or changes in traffic generation and distribution
are necessary to maintain acceptable levels of traffic service
on the City's street system consistent with additional approved
and proposed future development. The City has been unsuccessful
in securing funding or construction authorization for all currently
needed traffic improvements which have been determined necessary
to service approved and proposed development projects. Necessary
traffic improvements are not currently authorized in the State
Transportation Improvement Program nor are they otherwise funded
or authorized. Further, the City does not currently have detailed
General Plan policies, zoning ordinance provisions or other
funding or authorization to significantly reduce traffic generation
or modify traffic distribution so as to reasonably insure that
acceptable levels of traffic service are maintained in the
immediate future.
Partially as a result of these findings, an ad hoc
committee formed after the first Planning Commission public
hearing on the draft East San Rafael Neighborhood Plan formulated
numerous recommendations to the City Council for short and
long term traffic improvements. Foremost among those was the
committee's recommendation that approval of new development
in the East San Rafael area be delayed for 90 to 120 days.
Also as a result of General Plan revision findings prior to
January 20, 1986 and of current and expected future traffic
conditions in San Rafael, representatives of an organization
called San Rafael Citizens for Better Government have indicated
that organization's interest in placing on the June 1986 ballot
an initiative calling for a two-year building moratorium in
San Rafael.
In the past few years, significant additional commercial
development has been constructed in San Rafael resulting in
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the creation of many new employment opportunities for residents
and non-residents. Those new developments have included among
others Fireman's Fund Lucas Green expansion, Smith Ranch Plaza,
First California Mortgage building, Regency Center, Quail Hill
Office Building, Northgate Mall expansion, Marin Executive
Center, Bellam Venture building, Phoenix Leasing, Ferro Plaza,
Federal Express building, San Rafael Bay Park, Exogan building,
and Marin Savings and Loan Building. At the same time, few
residential developments have been constructed. The only sizeable
residential projects constructed the past few years have been
Spinnaker Point, Captain's Cove, Meadow Oaks, Rotary Manor
and Villa Marin. Few new rental residential units have been
constructed in the past several years. Consequently, the General
Plan revision is intended to include more detailed study of
the jobs/housing balance issue than did the 1974 San Rafael
General Plan.
By reason of the matters set forth hereinabove, and
as a result of information received, testimony heard and data
presented by staff at duly noticed public hearings conducted
on January 20, 1986, and March 3, 1986, the City Council found
on January 20, 1986 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 approval of
additional subdivisions, land use permits and other entitlements
as described herein could well result in approval of developments
which would create further irreversible adverse traffic impacts
and which may well be inconsistent with land use designations,
densities and intensities to be contained in the upcoming revision
of the San Rafael General Plan.
DIVISION 3. Notwithstanding any other provisions
of the San Rafael Municipal Code or any other ordinances or
regulations of the City of San Rafael to the contrary, no subdivisions,
annexations, prezonings or rezonings, land use permits, building
permits, grading permits, other entitlements for use or environmental
documents shall be accepted, processed, approved or granted
while this ordinance remains in effect. Provided, however,
that these restrictions shall not apply to the following:
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(a) Development projects for which a building permit(s)
including foundation permits was/were issued prior
to January 7, 1986.
(b) Electrical, plumbing, mechanical, swimming pool and
hot tub permits for existing structures or projects
or those structures or projects for which a building
permit has been issued prior to January 7, 1986.
(c) Building permits for repairs, modifications, alterations,
and/or replacements of residential or commercial
structures in existence prior to January 7, 1986,
when such repairs, modifications, alterations, and/or
replacements do not result in significant changes
in use or increases in intensity/density of use.
(d) Demolition permits otherwise consistent with City
ordinances, resolutions and policies.
(e) Grading permits for development projects exempted
by this ordinance.
(f) Encroachment permits for construction in/on public
right-of-way associated with structures in existence
or development which has received all discretionary
City approvals prior to January 7, 1986.
(g) Review, approval and recordation of final subdivision
maps when the owner/applicant has a valid approved
tentative map on January 7, 1986; in conjunction
herewith and prior to recordation of any such final
map(s), the City shall certify in writing that all
conditions of the tentative map have been satisfied
or adequate security has been posted to insure same.
(h) Lot line adjustments, certificates of compliance,
lot mergers and lot splits on improved real property
when such split is determined by the Planning Director
to be consistent with existing legal conforming use
and zoning of the land as of January 7, 1986, and
to require no exception to the San Rafael Subdivision
Ordinance.
(i) Changes of commercial occupancy of the same general
type as previously existing in a structure/at a site
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when the Planning Director has determined that no
increase in peak period traffic generation would
be occasioned thereby.
(j) Tenant improvements and/or occupancies in buildings
existing on, or issued building permits prior to,
January 7, 1986, or which are otherwise exempt from
the provisions of this Ordinance, and are consistent
with all other zoning regulations of the City.
(k) Permits in connection with minor modifications of
commercial and/or public structures/sites in existence
on, or issued building permits prior to, January
7, 1986, or which are otherwise exempt from the provisions
of this Ordinance and are consistent with all other
zoning regulations in the City, when the Planning
Director has determined that no increase in peak
period traffic generation would be occasioned thereby.
(1) Single family dwelling units including townhouses,
and condominiums on legal lots in existence or in
connection with single family development projects
for which a fully approved tentative subdivision
map has been filed prior to January 7, 1986, following
submittal, review, approval and recordation by the
City of a final subdivision map pursuant to (g) above.
(m) Additions, modifications and minor expansions of
dwelling units in existence on, or issued building
permits prior to, January 7, 1986, or which are otherwise
exempt from the provisions of this Ordinance and
are consistent with all other zoning regulations
in the City when the Planning Director has determined
that no increase in the number of total units would
result therefrom.
(n) Child care facilities.
(o) Construction, maintenance and repair of public or
private road, sanitary sewer, water, drainage, transit,
solid waste, other utility, non-commercial recreational,
educational or religious facilities.
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(p) Certificates of compatibility, sign permits and animal
permits.
(q) Variances, use permits, design review, and other
entitlements to use for development exempted by this
ordinance.
(r) Reconstruction and repair of property damaged by
fire, earthquake, flood or other catastrophic occurrence.
(s) Construction deemed necessary by the City Council
to preserve the public health and safety or to abate
a public nuisance.
(t) Development for which a development agreement pursuant
to relevent California Government Code provisions
has been executed prior to January 7, 1986.
(u) Permits associated with the designation, preservation
and/or renovation of a City historic landmark.
(v) Permits needed to construct rental residential units
on an in -fill site so long as no rezoning is needed
and complete applications were filed prior to January
7, 1986.
(w) Permits that authorize minor changes to already approved
or otherwise exempt projects.
(x) Permits associated with development consistent with
a specific Memorandum of Understanding between the
City and another public agency, which Memorandum
was executed prior to January 7, 1986.
(y) Public parking facilities and any private parking
facilities which do not result in significant intensification
of a land use and/or increase in peak period traffic.
(z) Use permits required under the provisions of Ordinance
No. 1526. Such a use permit's potential to prejudice
the outcome of the General Plan revision or related
zoning actions may however be a basis for the City
to deny said permit.
(aa) Permits for condominium subdivision of existing or
otherwise exempt non-residential development.
(bb) Residential projects for which a Mortgage Revenue
Bond allocation had been made prior to and remained
valid on January 7, 1986.
DIVISION 4. With regard to any land use/development
project(s) and/or environmental document(s) under review by
the City of San Rafael on the date of adoption of this ordinance,
no further processing of said application(s) and/or environmental
document(s) shall occur and no further improvements shall be
installed on or off the site of said real property, and no
building permits may be applied for or issued in conjunction
with said project(s) unless the proposed development project
is found to be exempt by provision of this ordinance. Except
for projects specifically exempted under DIVISION 3, City staff
shall not accept applications for land use/development projects
after January 20, 1986; the date of adoption of this ordinance
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 the issuance of planning
permits described in Division 3 above may be appealed to the
City Council. Any such appeal shall set forth the basis upon
which the appeal is made, setting forth all relevant factors,
shall be addressed to the City Council and shall be filed in
the office of the City Clerk within five work days following
the administrative decision of the Planning Director. The
decision of the City Council on hearing any said appeal(s)
shall be final.
DIVISION 6. Any permits issued, or for which a time
extension request was filed, prior to January 7, 1986, shall
remain valid for the originally approved duration plus any
additional period of time that this ordinance remains in full
force and effect. The Planning Director may recommend to the
appropriate legislative body that an existing short term use
permit for an interim use be terminated at the original expiration
date. The legislative body shall consider the Planning Director's
recommendation at a duly noticed public hearing.
DIVISION 7. The City Council may, by ordinance
adopted after a duly noticed public hearing, by the affirmative
vote of at least four councilmembers, modify, amend, delete,
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or add to this ordinance upon a finding that such action will
implement and enforce the goals, policies, and purposes of
this ordinance.
DIVISION 8. 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 or phrase thereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared invalid.
DIVISION 9. This ordinance is hereby declared to
be an urgency 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 and against the same at least once in a newspaper
of general circulation published in the City of San Rafael.
LAWRENCE E. MULRYAN, Nfayor
Attest:
Jl(�PITE M. LEONCIN , 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) of the members thereof, at a regular
meeting held on the Third day of March
1986, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA E M- LEONCINI, City Clerk