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HomeMy WebLinkAboutOrdinance 1486 (Adding Appeals)I CLERK'S CERTIFICA'T'E 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. 1486. entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 19, OPEJ SPACE OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING NEW SECTION 19.10.070 ENTITLED: EXCEPTIONS, AND NEW SECTION 19.10.080 ENTITLED: APPEALS 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 18th day of JUNE , 1984, published as required by City Charter in the INnF-PFNnFNT-,TO1 RNAT, , 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 2nd day of JULY 1984, by the following vote, to wit: AYES: COUNCILMEb1BERS:Breiner, Frugoli, Nave, Rus.som & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILNIEMBERS:None WITNESS my hand and the official seal of the City of San Rafael this Third day of • July , 19Iq 4. JEANNehl.'I,EONCINI ,ityClerk ORDINANCE NO. 1456 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL MIENDING TITLE 19, OPEN SPACE Or THE SAN RAFAEL MUNICIPAL CODE BY ADDING NEW SECTION 19.10.070 ENTITLED: EXCEPTIONS, AND NEW SECTION 19.10.080 ENTITLED: APPEALS THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: SECTION 1: Section 070 is added to Chapter 19.10 to read as follows: "SECTION 19.10.070 Exceptions. A. Where practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this chapter may result from the strict applica- tion of its provisions, exceptions may be granted as provided in this section. B. On appeal, the City Council may grant an exception from the express terms of this chapter by making the following findings: 1. There are exceptional or extraordinary circumstances or conditions applicable to the request. 2. The exception is necessary for the pre- servation and enjoyment of a substantial property right of the petitioner. 3. The granting of the exception will not be detrimental to the public welfare or injurious to other property or property owners in the vicinity of the property the subject of the exception. 4. The granting of the exception will not inter- fere with public use of or rights to open space lands. C. Any person requesting an exception shall make their request of the Public Works Department. The Public Works Director shall first forward the request to the San Rafael Park and Recreation Commission. The Commission shall forward its recommendation back to the Director of Public Works who -1- ORDINANCE NO. 1486 shall in turn contact the City Clerk to set a public hearing before the City Council in accordance with Section 19.10.080 regarding Appeals." SECTION 2: Section 080 is added to Chapter 19.10 to read as follows: "SECTION 19.10.080 Appeals to the City Council. A. Any applicant or person aggrieved by any deter- mination, decision, permit denial or issuance or similar actions taken by any administrative personnel under the provision of this title, may appeal the decision of the administrative person- nel to the City Council by filing with the City Clerk, a written application and notice of appeal within 10 days after notification to the appli- cant of the action or the decision of the City's administrative personnel. B. The Council shall hold a public hearing on this matter. Upon receipt of the application and notice of appeal, the City Clerk shall set the public hearing date on this matter, which date shall not be more than thirty ( 3 0 ) days after the date on which the application and notice of appeal were filed with the City Clerk. The applicant shall be notified in writing of the date of the hearing. Within a reasonable time after the Council has concluded its hearing, it shall, by resolution set forth its findings and decisions on the matter. The decision of the Council shall be final. The City Clerk shall mail a certified copy of the decision of the City Council to the applicant and/or the appellant. C. When the City Council holds a public hearing under this section, the City Clerk shall cause notice of the public hearing to be published at least once in a newspaper of general circulation at least ten (10) days prior to the hearing and shall mail notice of the hearing to owners of land situated within -2- - ORDINANCE NO. 148,6 300' (three hundred feet) of the parcel of land or, if only a small portion of the parcel is affected, the part of the parcel which is the subject of such petition. Additional notice may be given in such other manner as the City may deem desirable. The failure of any person to receive the notice required by this section, shall not invalidate the proceedings of the City Council pursuant to this chapter. SECTION 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, and shall be in full force and effect thirty (30) days after its final passage. RENCE E. PZULLRYAN, P4ayor i Attest: JBLKNNE r4. LEONCINI, City Clerk The above and foregoing Ordinance No.1486was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 18TII day of JUNE , 1984, and ordered passed to print by the following vote, to wit: AYES: COUNCILKEP'IBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILPiEMBERS : None ABSENT COUNCILHE14BERS : 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 2nd day of JULY , 1984. JEA . LEODICINI Cit Clerk Y -3-