HomeMy WebLinkAboutCC Resolution 10306 (Landslide Repairs)RESOLUTION NO. 10.306
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL DECLARING A LOCAL EMERGENCY IN
THE SUN VALLEY OPEN SPACE LANDS BELOW
CRESTWOOD DRIVE, AND AUTHORIZING DEVIATIONS
FROM THE ZONING ORDINANCE TO PERMIT THE
MARIN COUNTY OPEN SPACE DISTRICT TO BEGIN
IMMEDIATE LANDSLIDE REPAIRS.
WHEREAS, the City Council of the City of San Rafael adopted a Proclamation of
Existence of Local Emergency on February 9, 1998, pursuant to San Rafael Municipal Code
Section 7.12.020, in connection with the heavy rains that fell in the City between February 2-8,
1998; and
WHEREAS, a landslide movement began to occur during this heavy rainfall period on
the Marin County Open Space District's Sun Valley Open Space lands located below Crestwood
Drive in San Rafael; and
WHEREAS, geotechnical experts for the various interested parties have conducted
geotechnical studies, prepared reports, and rendered opinions that the aforementioned landslide
movement is continuing and will accelerate during the coming rainy season, and will likely cause
two or more residences on Crestwood Drive to slide down the hillside on to the Open Space
lands unless landslide repairs are initiated on an immediate and expedited basis; and
WHEREAS, the Marin County Open Space District has indicated that it will undertake,
on behalf of itself and the adjacent property owners on Crestwood Drive, the necessary landslide
repair work on the Open Space Lands and adjacent private properties on an immediate and
expedited basis in order to protect persons, and private and public properties, from the imminent
peril posed by further landslide movement during the coming rainy season; and
WHEREAS, the geotechnical experts have indicated that the necessary landslide repairs
will involve significant grading work and the installation of subsurface drains, which work
would otherwise trigger the requirement for an Environmental Design Review Permit and a Use
Permit under the City's Zoning Ordinance; and
WHEREAS, the time needed to process applications for and obtain the aforementioned
permits under the City's Zoning Ordinance, could unduly delay and thereby jeopardize the Marin
County Open Space District's ability to complete the landslide repairs that would need to be
completed before the rainy season; and
WHEREAS, San Rafael Municipal Code Section 14.02.020(H) provides that the City
Council may authorize deviation from any provision of the City's Zoning Ordinance during a
local emergency, by adoption of a Resolution without notice or public hearing.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES AS FOLLOWS:
1. That the above recitals are found to be true and this Resolution is based upon said
recitals and the stated opinion evidence supporting same.
2. That pursuant to San Rafael Municipal Code Section 14.02.020(H), a local
emergency is declared to exist on the Marin County Open Space District's Sun Valley Open
Space Lands and adjacent private properties on Crestwood Drive, due to the existence of
continuing landslide movement thereon that poses an imminent peril to persons and public and
private property if not expeditiously repaired before the coming rainy season.
3. That pursuant to San Rafael Municipal Code Section 14.02.020(H), a deviation
from the requirements of the City's Zoning Ordinance is approved in order to accommodate
immediate and expeditious landslide repairs by the Marin County Open Space District, on the
Sun Valley Open Space lands and adjacent private properties, to wit the requirement for an
Environmental and Design Review Permit and a Use Permit for such landslide repairs is hereby
waived, provided that in order to protect public health and safety, the City Council recommends
that staff impose the following conditions in granting any building, grading, or other permits and
approvals issued to the Marin County Open Space District, its contractors, or agents:
A. That operation of heavy equipment and trucks shall be prohibited between
the hours of 7:00 p.m. and 6 a.m., Monday through Saturday, and between 7:00 p.m. and 9:00
a.m., on Sunday.
B. That traffic control measures approved by the City's Traffic Engineer shall
be undertaken in connection with any trucks moving on City streets in connection with the
landslide repair work.
C. That if necessary, City streets affected by the movement of trucks carrying
cut and fill materials in connection with the landslide repairs, shall be cleaned to the satisfaction
of the City Engineer at the end (Friday) of each week during the landslide repair operation.
D. That a written notice describing the nature of the work, the hours of
operation, and the timetable for the landslide repairs, shall be distributed to all the properties
located in the Rafael Highlands neighborhood and to the affected Neighborhood Association(s)
at least 48 hours in advance of the commencement of such landslide repair operations, which
notice shall specify the telephone hot line number to be established, which can be called during
the operational hours specified in (A) to register complaints which shall be responded to within a
reasonably short period of time, not to exceed 48 hours.
E. That City representatives shall be allowed to access the site of the
landslide repairs at all times that such repairs are being made.
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F. That the City Engineer and/or City Manager, or their designees, are
authorized to modify the above recommended conditions to impose additional or substitute
conditions, as circumstances warrant.
4. That the action taken herein, and any other permits or approvals hereafter
approved by the City in furtherance of this action, are hereby deemed exempt from the California
Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(4),
and 14 California Code of Regulations Section 15269(c).
The foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the San Rafael City Council held on the 8th day of SEPTEMBER , 1998, by
the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller and Vice -Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Boro
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JEA M LEON Il -] 1,City Clerk